Sundby v. San Diego County Sheriff

• Court: District Court, S.D. California
• Decided: September 19, 2024
• Docket: 3:24-cv-01535
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DALE SUNDBY, Trustee, Case No.: 3:24-cv-1535-WQH-MSB

Plaintiff, 12 ORDER v. 13 14 SAN DIEGO COUNTY SHERIFF, OFFICER B. 15 PALMER, in her official sheriff 16 capacity, OFFICER R. BERNARDINO, in his official 17 sheriff capacity, OFFICER C. 18 MCCOY, in his official sheriff capacity, and DOES 1 through X, 19 Defendants. 20 21 HAYES, Judge: 22 The matters before the Court are: (1) Plaintiff Dale Sundby’s Motion for Leave to 23 Electronically File Documents (ECF No. 3) and (2) the Court’s Order to Show Cause 24 regarding Plaintiff’s purported pro se representation of a trust in this action. 25 I. BACKGROUND 26 On August 29, 2024, Plaintiff filed the Complaint (ECF No. 1, Compl.), asserting 27 claims against Defendants for violations of the Fourth and Fourteenth Amendments to the 28 United States Constitution, as well as various violations of the California Constitution and 1 California Civil Code § 52.1. In particular, the Complaint alleges claims arising from 2 Defendants’ alleged execution of “a writ of possession at a property” that “was held in a 3 family trust” (the “Trust”). (Compl. at 3); id. ¶ 9. The Complaint identifies the plaintiff as 4 “Dale Sundby, Trustee” and alleges that “Plaintiff is trustee of the Trust.” Id. ¶¶ 1, 10. 5 Plaintiff is proceeding pro se in this action. 6 II. MOTION FOR LEAVE TO ELECTRONICALLY FILE DOCUMENTS 7 On August 29, 2024, Plaintiff filed the pending Motion for Leave to Electronically 8 File Documents. Pursuant to the ECF Manual, pro se litigants are required to submit and 9 file all documents in paper form unless the court grants the litigant leave to electronically 10 file. See ECF Manual § 2(b). “A pro se party seeking leave to electronically file documents 11 must file a motion and demonstrate the means to do so properly by stating their equipment 12 and software capabilities in addition to agreeing to follow all rules and policies in the 13 CM/ECF Administrative Policies and Procedures Manual.” Id. 14 In his motion, Plaintiff states his equipment and software capabilities and agrees that 15 he “[is] able to comply with the equipment and rule requirements governing electronic 16 filing.” (ECF No. 3 at 1.) The Court finds Plaintiff has satisfied the requirements for 17 obtaining leave to electronically file documents. 18 Plaintiff’s motion for leave to electronically file documents is granted. Plaintiff is 19 required to follow all rules and policies in the ECF Manual, available via the Court’s 20 website. As stated in the ECF Manual, Plaintiff “must register as a user with the Clerk’s 21 Office and as a subscriber to PACER within five (5) days” if he has not already done so. 22 ECF Manual § 2(b). 23 III. ORDER TO SHOW CAUSE 24 To the extent the Complaint asserts claims on behalf of the Trust, Plaintiff cannot 25 proceed pro se in this action. See Simon v. Hartford Life, Inc., 546 F.3d 661, 667 (9th Cir. 26 2008) (“[A]bsent statutory authority stating otherwise, the general rule against permitting 27 pro se litigants from representing others is applicable[.]”); C.E. Pope Equity Tr. v. United 28 States, 818 F.2d 696, 698 (9th Cir. 1987) (explaining that a trustee “may not claim that his | || status as trustee includes the right to present arguments pro se in federal court’). The Court 2 ||takes judicial notice that, in a separate action where Plaintiff similarly purported to 3 ||represent a trust, Plaintiff's case was dismissed after he failed to comply with the court’s 4 ||“repeated[]” orders to retain legal counsel on behalf of the trust. Sundby v. Marquee 5 || Funding Grp., Inc., No. 19-cv-0390-GPC-AHG, 2023 WL 4686445, at *1 (S.D. Cal. July 6 ||21, 2023); see also Sundby v. Marquee Funding Grp., Inc., No. 21-55504, 2022 WL 7 4826445, at *1 (9th Cir. Oct. 3, 2022) (“A trustee may not represent a trust pro se in federal 8 || court.” (citing Pope Equity Tr., 818 F.2d at 697)). 9 Accordingly, no later than thirty (30) days from the entry of this Order, Plaintiff 10 || shall: 11 (1)retain an attorney and instruct the attorney to enter a notice of appearance in this 12 action; 13 (2) file an amended complaint that clearly alleges claims solely on Plaintiff's own 14 behalf as an individual; or 15 (3) otherwise show cause why this case should not be dismissed pursuant to the rule 16 articulated in Simon, 546 F.3d at 667. 17 || The Court will stay the proceedings pending Plaintiffs response to this Order. 18 CONCLUSION 19 IT IS HEREBY ORDERED that the Motion to Grant Leave to Electronically File 20 || Documents (ECF No. 3) is granted. Plaintiff shall respond to the Court’s Order to Show 21 ||Cause no later than thirty (30) days from the entry of this Order. If Plaintiff fails to 22 ||adequately respond to the Order to Show Cause within thirty (30) days, the Court shall 23 || dismiss the Complaint without prejudice and close the case. This case is stayed pending 24 || Plaintiff's response to this Order. 25 ||Dated: September 19, 2024 Nitta Z. A a 26 Hon, William Q. Hayes 7 United States District Court 28