Case Information
*1 Case 4:17-cv-03806-CW Document 53 Filed 01/04/18 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SIDNEY NAIMAN, et al., Case No. 17-cv-03806-CW Plaintiffs, ORDER GRANTING MOTION TO
v. STRIKE TOTAL MERCHANT SERVICES, INC.,
et al., (Dkt. No. 49)
Defendants.
On December 19, 2017, Defendants Quality Merchant Services, Inc. and Michael Alimento filed an answer to the Second Amended Complaint (2AC). Alimento signed the answer on behalf of himself individually and on behalf of Quality Merchant Services as Vice President of the company. On December 20, 2017, Plaintiffs Timothy Collins and Sidney Naiman moved to strike the answer filed by Quality Merchant Services because a “corporation, unincorporated association, partnership or other such entity may appear only through a member of the bar of this Court.” Civil L.R. 3-9(b); see also U.S. Commodity Futures Trading Comm’n v. Castillo, No. 06-cv-02540 TEH, 2007 WL 2088372, at *1 (N.D. Cal. July 19, 2007) (“Non- attorneys, including a corporation’s president and sole shareholder, are barred from representing a corporation.”).
Any opposition to the motion to strike was due on January 3, 2018. See Civil L.R. 7-3(a). Neither Quality Merchant Services nor any other party responded to the motion. Also, there is no indication in the record that Alimento is an attorney.
*2 Case 4:17-cv-03806-CW Document 53 Filed 01/04/18 Page 2 of 2 Upon review of the record and the relevant authority, the Court GRANTS Plaintiffs’ motion to strike (Docket No. 49) and hereby STRIKES the answer of Quality Merchant Services, Inc. (Docket No. 48). The Court does not, however, strike the answer of Michael Alimento (also Docket No. 48), which remains operative.
Quality Merchant Services must file an answer through counsel within fourteen days after the date of this order. If Quality Merchant Services fails to do so, Plaintiffs shall promptly file a request for the Clerk to enter its default. See Fed. R. Civ. P. 55(a). All deadlines set previously remain in effect. IT IS SO ORDERED. Dated: January 4, 2018 CLAUDIA WILKEN United States District Judge 2
