Avis Copelin v. Athene Annuity and Life Company

Summary

The United States District Court for the Central District of California struck two untimely first amended complaints because they failed to distinguish claims brought by Avis Copelin individually from claims brought on behalf of Terry Gordon. The court granted one final opportunity to file a compliant amended complaint and ordered Copelin and her counsel to show cause why sanctions should not be imposed for violating court orders and filing improper or duplicative submissions. The court set deadlines for the amended complaint and responses and continued the show-cause hearing and mandatory scheduling conference.

Holdings

1. A litigant's statutory privilege to represent herself pro se does not authorize her to represent another party or entity; claims asserted on behalf of Terry Gordon therefore required representation by counsel.
2. The court may strike an amended complaint and deny lodging of a duplicate amended complaint when the filings are untimely and fail to comply with an order requiring clear delineation of individual and representative claims.
3. The court granted Plaintiff one final opportunity to file a single amended complaint that clearly identifies which claims are brought individually and which are brought on behalf of Terry Gordon.
4. The court ordered Plaintiff and her counsel to respond to an order to show cause concerning potential sanctions under Federal Rules of Civil Procedure 16(f) and 11 for alleged violations of court orders and improper filings.

Questions Presented

1. Whether the first amended complaint should be stricken and a duplicate amended complaint should be denied lodging because both were untimely and failed to comply with the court's order requiring clear delineation of individual and representative claims.
2. Whether Plaintiff and her counsel should be ordered to show cause why sanctions should not be imposed under Federal Rules of Civil Procedure 16(f) and 11 for violating court orders and submitting improper filings.
3. Whether Plaintiff should be given one final opportunity to file a compliant amended complaint identifying the claims brought individually and those brought on behalf of Terry Gordon.

Disposition

other