Filed: Nov. 02, 2015
Latest Update: Nov. 02, 2015
Summary: ORDER (1) DISSOLVING ORDER TO SHOW CAUSE; AND (2) STRIKING THIRD-PARTY DEFENDANT SARAH HUANG'S MOTION TO DISMISS WITHOUT PREJUDICE TO RE-FILING [Re: ECF 27] BETH LABSON FREEMAN , District Judge . On October 15, 2015, the Court ordered Third-Party Defendant Sarah Huang's attorney of record, Kent Pearce Tierney, to show cause why Third-Party Defendant Sarah Huang's motion to dismiss should not be stricken for practicing law without being a member of the bar of this Court. ECF 27. On October 3
Summary: ORDER (1) DISSOLVING ORDER TO SHOW CAUSE; AND (2) STRIKING THIRD-PARTY DEFENDANT SARAH HUANG'S MOTION TO DISMISS WITHOUT PREJUDICE TO RE-FILING [Re: ECF 27] BETH LABSON FREEMAN , District Judge . On October 15, 2015, the Court ordered Third-Party Defendant Sarah Huang's attorney of record, Kent Pearce Tierney, to show cause why Third-Party Defendant Sarah Huang's motion to dismiss should not be stricken for practicing law without being a member of the bar of this Court. ECF 27. On October 30..
More
ORDER (1) DISSOLVING ORDER TO SHOW CAUSE; AND (2) STRIKING THIRD-PARTY DEFENDANT SARAH HUANG'S MOTION TO DISMISS WITHOUT PREJUDICE TO RE-FILING [Re: ECF 27]
BETH LABSON FREEMAN, District Judge.
On October 15, 2015, the Court ordered Third-Party Defendant Sarah Huang's attorney of record, Kent Pearce Tierney, to show cause why Third-Party Defendant Sarah Huang's motion to dismiss should not be stricken for practicing law without being a member of the bar of this Court. ECF 27. On October 30, 2015, Mr. Tierney filed a response to the order to show cause. ECF 34. Mr. Tierney's response indicates that he has now filed a petition admission with the Clerk. Id. at 2, 4-5. According to Mr. Tierney, he never intended to practice law without being a member of this Court and that he immediately filed a petition for admission immediately upon notice by this Court.1 Id. at 2. Mr. Tierney's response explains that his business partner, Michael Mercado prepared Ms. Huang's motion to dismiss and it is Mr. Mercado's signature that appears on the motion to dismiss. Id. at 2-3.
The Court's records indicate that Mr. Tierney's petition for admission was granted effective October 15, 2015. Accordingly, based on Mr. Tierney's response, the Court dissolves the order to show cause and will not strike the motion to dismiss for practicing law without being a member of the bar of this Court. However, Third-Party Defendant Sarah Huang's motion to dismiss was signed by Mr. Mercado who is not an attorney of record in this case. The Federal Rules of Civil Procedure do not allow an attorney who has not appeared to sign a pleading. See Fed R. Civ. P. 11(a) ("Every pleading, written motion, and other paper must be signed by at least one attorney of record.").
Accordingly, the Court STRIKES Third-Party Defendant Sarah Huang's motion to dismiss for not being signed by an attorney of record. Third-Party Defendant Sarah Huang may re-file the motion to dismiss in accordance with the rules. Finally, the Court notes that this case is scheduled for a case management conference on November 19, 2015 at 11 a.m. Counsel for Ms. Huang failed to appear at the previously scheduled case management conference on October 15, 2015. The Court expects all parties to comply with the Federal Rules of Civil Procedure, Civil Local Rules2 and the Court's standing orders.
IT IS SO ORDERED.
