Filed: Sep. 03, 2013
Latest Update: Sep. 03, 2013
Summary: MINUTE ORDER MICHAEL E. HEGARTY, Magistrate Judge. Plaintiffs' Emergency Opposed Motion for Reconsideration of Plaintiffs' Request for Ex Parte Interim, TRO/Preliminary Injunctive [sic], for a Three Judge Court Pursuant [to] 28 U.S.C. 2284 [ filed August 29, 2013; docket #271 ] and Plaintiffs' Brief and Legal Grounds in Support of Request for Emergency Opposed Motion for Relief Requested [ filed September 3, 2013; docket #273 ] are denied without prejudice for failure to comply with Fed. R
Summary: MINUTE ORDER MICHAEL E. HEGARTY, Magistrate Judge. Plaintiffs' Emergency Opposed Motion for Reconsideration of Plaintiffs' Request for Ex Parte Interim, TRO/Preliminary Injunctive [sic], for a Three Judge Court Pursuant [to] 28 U.S.C. 2284 [ filed August 29, 2013; docket #271 ] and Plaintiffs' Brief and Legal Grounds in Support of Request for Emergency Opposed Motion for Relief Requested [ filed September 3, 2013; docket #273 ] are denied without prejudice for failure to comply with Fed. R...
More
MINUTE ORDER
MICHAEL E. HEGARTY, Magistrate Judge.
Plaintiffs' Emergency Opposed Motion for Reconsideration of Plaintiffs' Request for Ex Parte Interim, TRO/Preliminary Injunctive [sic], for a Three Judge Court Pursuant [to] 28 U.S.C. § 2284 [filed August 29, 2013; docket #271] and Plaintiffs' Brief and Legal Grounds in Support of Request for Emergency Opposed Motion for Relief Requested [filed September 3, 2013; docket #273] are denied without prejudice for failure to comply with Fed. R. Civ. P. 11, this Court's January 3, 2013 order and all previous related orders.
The Plaintiffs have been repeatedly informed that motions filed in this case must be signed by all named Plaintiffs pursuant to Fed. R. Civ. P. 11. Here, the present motions are signed by 30 of the 34 Plaintiffs, and omit signatures by Jessica Iturbe Jaime, Julio Arreguin, Avaro Nunez and Janet Valera. In addition, the motions are signed by the following persons who improperly "noticed" or "moved" to be added as Plaintiffs to this case, but were denied without prejudice for failure to comply with Fed. R. Civ. P. 15 [dockets #50, #56, #57, #58]: Candelario Mascorro, Martha Velia De Mascorro, Luis Gutierrez, Consuelo Simental, Hector Pina, Janett Pina, Silvia Dorado, Ramon Chavez, Maria Pastrana, and Jaime Rodriguez.1 Further, the motions are signed by the following persons who have been dismissed from this action for failure to prosecute [docket #160]: Mariam Burciaga and Rudy Breda. Finally, the motions are signed by the following persons who are neither named as Plaintiffs in this action nor have attempted to be added to the action: Miguel Cisneros, Selena Robles, Jesus Gabriel Alcantar, Eliseo Adame Manzanares, Guadalupe Velasquez, Francisco Santos, Miguel Campos, Miriam Pacheco, Araceli Vega, Guadalupe Espinoza and Jose Rios-Lepe.
The Court has warned Plaintiffs in this case that filings containing unauthorized or missing signatures is improper. It is incumbent upon the Plaintiffs to ensure that all filings are properly signed by all current Plaintiffs in accordance with Fed. R. Civ. P. 11. It is not the duty of the Court to comb through each filing to determine whether the filing is properly signed and executed by named parties. Therefore, any future filings that fail to comply with this order or the federal or local rules will be stricken.
