JOSEPH H. RODRIGUEZ, District Judge.
This matter is before the Court on motions of Plaintiffs Charles and Elizabeth Hobbs, seeking to strike several submissions of Defendants pursuant to Fed. R. Civ. P. 11 (a) on the basis that Defendants' attorney, Howard Kronberg, is ineligible to practice law in the State of New Jersey. Plaintiffs seek, in the same motion, an entry of default judgment in anticipation of a favorable ruling on the Motion to Strike. In addition, Plaintiffs seek to strike other submissions related to Defendants' pending motions to dismiss. The Court has considered the written submissions of the parties pursuant to L. R. Civ. P. 78. For the reasons that follow, Plaintiffs' Motion to Strike and Motion for Default Judgment are denied.
In this breach of contract action, Plaintiffs filed the operative Complaint on May 27, 2017. Plaintiffs claim that Defendants' refusal to properly adjust a homeowners' insurance policy constitutes a breach of contract and bad faith. Counsel for Defendants entered appearances on June 6, 2017. Among counsel appearing on behalf of Defendants is Howard Kronberg, who continued to be the attorney of record and the signatory on several filings with the Court, including the Consent Order Extending Time to Respond to Complaint and Request for Mediation. In addition, Mr. Kronberg participated in an in-person conference with the magistrate judge on August 3, 2017. Mr. Kronberg then filed several documents relating to Defendants' Motion to Dismiss and a Motion to Stay. Mr. Kronberg also appeared during a Court telephone conference.
The basis for Plaintiffs' motion to strike is the fact that Mr. Kronberg's license to practice law in the state of New Jersey is "administratively revoked" according to the New Jersey Judiciary Court System. Given his ineligible status, Plaintiffs argue that Defendants' filings made by Mr. Kronberg must be stricken pursuant to Rule 11. At issue here is whether the Court should strike the responsive pleading, filed in the form of a Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b).
Rule 11 provides in relevant part:
Fed. R. Civ. P. 11 (a). The Court's Local Rule provides in full: "In each case, the attorney of record who is a member of the bar of this Court shall personally sign all papers submitted to the Court or filed with the Clerk." L. Civ. R. 11.1. Where counsel is admitted to practice in another state, he may move for privileges to appear pro hac vice pursuant to Local Civil Rule 101.1, with the limitation that "only an attorney at law of this Court may file papers, enter appearances for parties, sign stipulations, or sign and receive payments on judgments, decrees or orders." Loc. Civ. R. 101.1 (c). Thus, even under the Local Rules, if Mr. Kronberg attempted to appear pro hac vice, he remains ineligible to sign pleadings and the motion to dismiss is defective.
The Court has reviewed and accepts Mr. Kronberg's declaration that he was mistaken as to the Court's Rules as applied to his status to practice law in the State of New Jersey and finds that his attempt to appear before this Court was not motivated by improper intent or in an effort to mislead the Court or Plaintiffs.
Plaintiffs became aware of and brought Mr. Kronberg's ineligible status to the attention of the Court on September 14, 2017.
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Here, the defective motion to dismiss was promptly cured by Defendants' counsel with no conceivable prejudice to Plaintiffs. For this reason, Plaintiffs' Motion to Strike and for Default Judgment [Dkt. No. 23], Plaintiffs' Motion to Strike Defendants' Reply and Amended Motion to Dismiss [Dkt. No. 30] are denied and Defendants' Cross Motion to Dismiss or Extend and Opposition to Plaintiff's Motion to Strike and for Default Judgment [Dkt. No. 29] is granted and Defendants' Motion to Dismiss [Dkt. No. 18] filed on August 18, 2017 is dismissed as moot in light of the deficient signature and filing of the amended Motion to Dismiss on September 19, 2017. As a result, the remaining issues before the Court are those set forth in Defendants' amended Motion to Dismiss [Dkt. No. 24]. An appropriate Order shall issue.