Board of Trustees of the Construction Industry and Laborers Health and Welfare Trust v. Emmanuel Environmental, Inc. ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Board of Trustees of the Construction Industry 4 and Laborers Health and Welfare Trust, et al., 2 : 2 3 - c v - 0 1 7 7 4-APG-MDC 5 Plaintiff(s), Order 6 vs. 7 Emmanuel Environmental, Inc., et al, 8 Defendant(s). 9 10 11 Pending before the Court is plaintiffs’ Motion to Strike Answer of Emmanuel Environmental, Inc. 12 (ECF No. 15)(“Motion”). Defendants did not oppose the Motion. The motion seeks to strike the 13 answer (ECF No.12) of defendant Emmanuel Environmental, Inc. because defendant is a corporation, 14 and the answer was filed pro-se by defendant’s owner. “[A] corporation may appear in federal court 15 only through licensed counsel.” Rowland v. California Men’s Colony, 506 U.S. 194, 201-02 16 (1993). Thus, Courts may strike pleadings filed pro-se by a corporation. See e.g., Trustees of Operating 17 Engineers Pension Trust v. O’Donnell, No. 2:04-cv-728-BES-LRL, 2007 WL 672528 (D. Nev. Feb. 27, 18 2007) (striking answer for failure to retain counsel). Moreover, per LR 7-2(d), defendants’ failure to 19 file points and authorities in response to the Motion “constitutes a consent to the granting of the 20 motion.” Id. However, it is unclear from the answer (ECF No. 12) whether it was filed only on behalf 21 of the corporate defendant or for both defendants, Emmanuel Environmental, Inc. and Romelle 22 Emmanuel. 23 “A document filed pro se is “to be liberally construed.” Erickson v. Pardus, 551 U.S. 89, 94 24 (2007). Thus, the Court liberally construes the answer (ECF No. 12) to be filed on behalf of both 25 1 defendants. Finally, the Court notes that defendants have not filed Certificate of Interested Parties 2 required by Local Rule 7.1-1, which provides: 3 LR 7.1-1. CERTIFICATE OF INTERESTED PARTIES 4 (a) Unless the court orders otherwise, in all cases except habeas corpus cases, pro se 5 parties and attorneys for private non-governmental parties must identify in the 6 disclosure statement all persons, associations of persons, firms, partnerships or 7 corporations (including parent corporations) that have a direct, pecuniary interest in the outcome of the case. The disclosure statement must include the following 8 certification: The undersigned, pro se party or attorney of record for _________, 9 certifies that the following may have a direct, pecuniary interest in the outcome of this 10 case: (here list the names of all such parties and identify their connection and 11 interests.) These representations are made to enable judges of the court to evaluate possible disqualifications or recusal. Signature, Pro Se Party or Attorney of Record for 12 __________. 13 (b) If there are no known interested parties other than those participating in the case, a 14 statement to that effect will satisfy this rule. 15 (c) A party must file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. A party must 16 promptly file a supplemental certification upon any change in the information that this 17 rule requires. 18 Accordingly, IT IS ORDERED that: 19 (1) Plaintiffs’ Motion (ECF No. 15) is GRANTED-IN-PART and the answer by defendant 20 Emmanuel Environmental, Inc. is struck. Thus, defendants’ joint answer at (ECF No. 12) is 21 struck as to by Emmanuel Environmental, Inc. Plaintiff’s Motion is DENIED-IN-PART to the 22 extent that may seek to strike defendant Romelle Emmanuel’s answer. 23 (2). Defendant Emmanuel Environmental, Inc. shall retain counsel and respond to plaintiffs’ 24 Complaint by no later than June 18, 2024. Default judgment may be entered against Emmanuel 25 1 Environmental, Inc. if it does not comply with this order and respond to plaintiffs’ Complaint as 2 directed; 3 (3). Defendant Romelle Emmanuel shall file a Certificate Of Interested Parties in compliance 4 with LR 7.1-1 by no later than May 21, 2024; and 5 (4). The Clerk of Court shall mail defendants a copy of this order to defendants’ last known 6 address at 4550 Donovan Way, Ste 114, North Las Vegas, NV 89081, and to 981 Whitney Ranch 7 Dr, 1414, Henderson, NV, 89014. 8 Dated this 7th day of May 2024. Lo je wf er JA 10 sf tf 4 efit □□ b United States Magisty¥ate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25