Filed: Sep. 25, 2014
Latest Update: Sep. 25, 2014
Summary: ORDER SALLY SHUSHAN, Magistrate Judge. Plaintiff has filed a "Motion to Certify Class Action." Rec. Doc. 32. However, it is clear that pro se litigants, such as plaintiff, should not be allowed to serve as class representatives. As the United States Tenth Circuit Court of Appeals has noted: Under Rule 23(a)(4) [of the Federal Rules of Civil Procedure], a class representative must "fairly and adequately protect the interests of the class." A litigant may bring his own claims to federal cour
Summary: ORDER SALLY SHUSHAN, Magistrate Judge. Plaintiff has filed a "Motion to Certify Class Action." Rec. Doc. 32. However, it is clear that pro se litigants, such as plaintiff, should not be allowed to serve as class representatives. As the United States Tenth Circuit Court of Appeals has noted: Under Rule 23(a)(4) [of the Federal Rules of Civil Procedure], a class representative must "fairly and adequately protect the interests of the class." A litigant may bring his own claims to federal court..
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ORDER
SALLY SHUSHAN, Magistrate Judge.
Plaintiff has filed a "Motion to Certify Class Action." Rec. Doc. 32. However, it is clear that pro se litigants, such as plaintiff, should not be allowed to serve as class representatives. As the United States Tenth Circuit Court of Appeals has noted:
Under Rule 23(a)(4) [of the Federal Rules of Civil Procedure], a class representative must "fairly and adequately protect the interests of the class." A litigant may bring his own claims to federal court without counsel, but not the claims of others. This is so because the competence of a layman is clearly too limited to allow him to risk the rights of others.
Fymbo v. State Farm Fire & Casualty Co., 213 F.3d 1320, 1321 (10th Cir. 2000) (internal quotation marks and citations omitted); accord Powers v. Clay, C.A. No. V-11-051, 2011 WL 6130929, at *3 (S.D. Tex. Dec. 8, 2011); Wetzel v. Strain, Civ. Action No. 09-7633, 2009 WL 5064445, at *1 (E.D. La. Dec. 16, 2009); Luna v. Kliebert, Civ. Action No. 09-3853, 2009 WL 2175773, at *1 n.1 (E.D. La. Jul. 17, 2009), aff'd, 368 Fed. App'x 500 (5th Cir. 2010); Sosa v. Strain, Civ. Action No. 06-9040, 2007 WL 1521441, at *7 (E.D. La. May 22, 2007). A pro se plaintiff's tenacity and zeal "are no substitute for the skill and experience which are needed to prosecute an action on behalf of a class." Mackenzie v. Local 624, International Union of Operating Engineers, 472 F.Supp. 1025, 1033 (N.D. Miss. 1979); accord Luna, 2009 WL 2175773, at *1 n.1; Sosa, 2007 WL 1521441, at *7. Accordingly, plaintiff's motion is DENIED.
Plaintiff has also filed a "Motion to Add Additional New Exhibits and Witness List as Evidence to Claim." Rec. Doc. 33. That motion is likewise DENIED. Plaintiff should retain his original exhibits in his possession until such time as they are submitted to the Court in connection with a dispositive motion or at trial. Accordingly, the Clerk of Court is hereby directed to return the original exhibits to plaintiff at the address he designated in his motion: 627 Cohen Street, Marrero, Louisiana 70072.1 As to plaintiff's witness list, it is premature. If this matter is set for trial, plaintiff will at that time be ordered to file a list of the witnesses he intends to call at trial.
