McGhee v. Forest Ridge Apartments LLC ( 2022 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Karen M cGhee, ) No. CV-22-08155-PHX-SPL ) 9 ) 10 Plaintiff, ) ORDER vs. ) ) 11 ) Forest Ridge Apartments LLC, et al., ) 12 ) 13 Defendants. ) ) 14 ) 15 The Court is in receipt of the Joint Notice. (Doc. 13). The Court ordered the 16 parties to indicate whether the Motion for Preliminary Injunction may be decided on the 17 briefing and argument alone. (Doc. 10 at 7). Reviewing the Joint Notice and the attached 18 Exhibit A, it appears that neither party is requesting an evidentiary hearing, though 19 neither party’s position is clearly set forth. If either party wishes to present evidence at 20 the September 21, 2022 Preliminary Injunction Hearing, that party must file a Notice 21 setting forth that request no later than September 14, 2022. Otherwise, the Court will only 22 hear argument at the Hearing. 23 Further, Exhibit A to the Joint Notice contains an email from Plaintiff in which 24 she states that she “want[s] [her] son to argue for the preliminary injunction at the 25 hearing.” (Doc. 13-1 at 2). As the Court explained in its September 8, 2022 Order, the 26 Rules of the Supreme Court of Arizona prohibit anyone who is not authorized to practice 27 law in Arizona from representing another person in a judicial proceeding or preparing a 28 document on behalf of another person for filing in any court. (Doc. 10 at 6–7 n.5). Anyone who violates the Rules by engaging in the unauthorized practice of law is subject 2 to sanctions including a civil penalty of up to $25,000 and civil or criminal contempt. (Doc. 10 at 6—7 n.5). Proposed Plaintiff-Intervenor Joseph McGhee, Plaintiff’s son, is not an attorney and therefore cannot practice law. (Doc. 5 at 3-4). Thus, Plaintiff and Mr. McGhee are again warned that Mr. McGhee cannot represent Plaintiff before this Court, 6 | nor may Mr. McGhee prepare documents on Plaintiff's behalf for filing in this Court. 7 | Even if Mr. McGhee’s pending Motion to Intervene (Doc. 5)—which the Court will rule 8 | on in due course—were to be granted, he would be permitted to represent only himself. 9 | Plaintiff must either argue on her own behalf or be represented by a licensed attorney. 10 Finally, having reviewed Exhibit A to the Joint Notice, the Court cautions Plaintiff 11 | that litigants are expected to treat each other with civility and respect and to cooperate in good faith, particularly when the Court orders the parties to file a joint document. See 13 | Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1263 (9th Cir. 2010). 14 IT IS THEREFORE ORDERED that if either party wishes to present evidence at the September 21, 2022 Preliminary Injunction Hearing, that party must file a Notice 16 | setting forth that request no later than 5:00 p.m. on September 14, 2022. Otherwise, the 17 | Motion for Preliminary Injunction will be decided on the briefing and argument alone. 18 Dated this 13th day of September, 2022. 19 United States District Judge 22 23 24 25 26 27 28