Banks v. Trans Union LLC

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 Blanton Banks, II, 5 2:21-cv-01580-CDS-VCF Plaintiff, 6 vs. Order 7 Trans Union LLC, et al, 8 Defendant. 9 Defendants US Auto Credit Purchase, I.Q. Data International Inc., and Trans Union LLC filed 10 motions to extend time to file responses to the amended complaint. ECF Nos. 155, 156, and 157. Pro se 11 plaintiff Blanton Banks II opposed the motions and signed his opposition as an “authorized 12 representative.” ECF No. 159. I also note that the plaintiff signed his amended complaint as the 13 “authorized representative.” These defendants have now filed their motions to dismiss and answer. ECF 14 Nos. 162, 163, and 164. I grant the defendants motions to extend time. See Ahanchian v. Xenon 15 Pictures, Inc., 624 F.3d 1253, 1258–59 (9th Cir. 2010) (Fed. R. Civ. P 6(b) “[is] to be liberally 16 construed to effectuate the general purpose of seeing that cases are tried on their merits.”). 17 Federal Rule of Civil Procedure 11(a) states that, “[e]very pleading, written motion, and other 18 paper must be signed by at least one attorney of record in the attorney’s name—or by a party 19 personally if the party is unrepresented.” (Emphasis added). I find that plaintiff’s use of the 20 disclaimer “authorized representative” improperly implies that he is an attorney by calling himself an 21 authorized representative in his signature line. I find that plaintiff’s signature on his opposition and on 22 the amended complaint does not comply with Rule 11. Although plaintiff is pro se, he must follow the 23 Rules of Civil Procedure and the rules of this court. Rule 11(a) allows a party to correct promptly a 24 signature deficiency, and courts have permitted pro se plaintiffs to sign complaints to avoid dismissal. 25 1 1 Becker v. Montgomery, 532 U.S. 757, 764, 121 S. Ct. 1801, 149 L. Ed. 2d 983 (2001). "Correction can 2 be made," the Rules Advisory Committee notes, "by signing the paper on file or by submitting a 3 duplicate that contains the signature." Advisory Committee's Notes on Fed. Rule Civ. Proc. 11, 28 4 U.S.C. App., p. 666. 5 Accordingly, 6 I ORDER that defendants US Auto Credit Purchase, I.Q. Data International Inc., and Trans 7 Union LLC’s motions to extend time to file responses to the amended complaint (ECF Nos. 155, 156, 8 and 157) are all GRANTED. 9 I FURTHER ORDER, sua sponte, that by Tuesday, September 5, 2023, plaintiff must correct 10 the deficient signature on his amended complaint (ECF No. 12) by filing a CORRECTIVE NOTICE 11 with a duplicate amended complaint that contains his signature, without the disclaimer “authorized 12 representative” in his signature line. 13 I FURTHER CAUTION plaintiff that continuing to file papers that do not comply with the rules 14 or orders of this Court may result in adverse consequences, including possible sanctions or a finding that 15 he is a vexatious litigant. 16 NOTICE 17 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 18 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 19 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 20 may determine that an appeal has been waived due to the failure to file objections within the specified 21 time. Thomas v. Arn, 474 U.S. 140, 142, 106 S. Ct. 466, 88 L. Ed. 2d 435 (1985). 22 This circuit has also held that (1) failure to file objections within the specified time and (2) 23 failure to properly address and brief the objectionable issues waives the right to appeal the District 24 Court's order and/or appeal factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 25 2 1 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 2 || Pursuant to LR IA 3-1, the plaintiff must immediately file written notification with the court of any 3 || change of address. The notification must include proof of service upon each opposing party's attorney, 4 upon the opposing party if the party is unrepresented by counsel. Failure to comply with this rule may 5 || result in dismissal of the action. 6 IT IS SO ORDERED. 7 DATED this 21st day of August 2023. Load atc. 9 CAM FERENBACH 10 UNITED STATES MAGISTRATE JUDGE

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