United States District Court, D. Hawaii
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE CWMBS INC., CH MORTGAGE PASS- THROUGH TRUST 2006-OA5, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-OA5, a Delaware corporation, Plaintiffs,
LEN C. PERRY JR.; NATHAN JON LEWIS; 3925 KAMEHAMEHA RD PRINCEVILLE, HI 96722, LLC, Defendants.
FINDINGS AND RECOMMENDATIONS TO GRANT PLAINTIFF'S
MOTION TO STRIKE ANSWER OF DEFENDANTS LEN C. PERRY AND 3925
KAMEMEHA RD PRINCEVILLE, HI 96722, LLC
RICHARD L. PUGLISI UNITED STATES MAGISTRATE JUDGE.
the Court is Plaintiff's Motion to Strike Answer of
Defendants Len C. Perry and 3925 Kamemeha Rd Princeville, HI
96722, LLC, filed on August 23, 2017 (“Motion”).
ECF No. 20. Defendant Len C. Perry, Jr. filed an Opposition
and “Alternate Motion to Set Aside Judge's
Judgment” on September 11, 2017. ECF No. 25. Plaintiff
did not file a reply. After careful review of the papers
filed in this action and the applicable legal authority, the
Court FINDS AND RECOMMENDS that the district court GRANT the
filed this action on June 21, 2017, seeking cancellation of
certain instruments based on Defendants' alleged improper
and fraudulent recordings in the land records. See
ECF No. 1. Plaintiff asserts claims against Defendants for
cancellation of instruments, quiet title, slander of title,
unjust enrichment, and declaratory judgment. Id.
August 6, 2017, Defendant Nathan Jon Lewis filed an Answer.
See ECF No. 17. Although not entirely clear from the
filing, it appears that Mr. Lewis is attempting to respond to
the Complaint on behalf of the other Defendants.
Specifically, Mr. Lewis states that he is “acting
Trustee for the Len C. Perry, Jr. account, ” and that
he is “the authorized Trustee and have a Special Power
of attorney over this matter to represent Len C. Perry, Jr.
 as his agent.” Id. ¶¶ A, K.
Further, Mr. Lewis states that he is “the sole member
of 3925 Kamehameha Rd Princeville HI 96722, LLC.”
Id. ¶ L. In the present Motion, Plaintiff asks
the Court to strike the Answer filed by Mr. Lewis to the
extent that the Answer purports to have been filed on behalf
of Mr. Perry and 3925 Kamehameha Rd Princeville, HI 96722,
LLC. ECF No. 20.
12(f) of the Federal Rules of Civil Procedure provides that
the court “may strike from a pleading an insufficient
defense or any redundant, immaterial, impertinent, or
scandalous matter.” Fed.R.Civ.P. 12(f). Mr. Lewis, a
non-attorney appearing pro se, cannot file pleadings or other
papers with the Court on behalf of another individual or
corporate entity. Although “parties may plead and
conduct their own cases personally, ” see 28
U.S.C. § 1654, “the right to proceed pro se in
civil cases is a personal right” and a person appearing
pro se has no authority to represent others, see C.E.
Pope Equity Trust v. United States, 818 F.2d 696, 697
(9th Cir. 1987); see also Hou 1778 Hawaiians v. United
States Dep't of Justice, CIVIL NO. 15-00320 SOM/BMK,
2016 WL 335851, at *3 (D. Haw. Jan. 27, 2016). Accordingly,
Mr. Lewis, as a pro se defendant, cannot represent Defendants
Len C. Perry, Jr. or 3925 Kamehameha Rd Princeville, HI 96722
LLC in this action.
Perry may represent himself in this action, as he did in
filing his Opposition. See ECF No. 25. However, 3925
Kamehameha Rd Princeville, HI 96722 LLC must be represented
by an attorney. See Local Rule 83.11
(“[b]usiness entities, including but not limited to . .
. limited liability corporations . . . cannot appear before
this court pro se and must be represented by an
attorney”); Rowland v. Cal. Men's Colony,
506 U.S. 194, 201-02 (1993) (“It has been the law for
the better part of two centuries . . . that a corporation may
appear in the federal courts only through licensed
counsel.”); Taylor v. Knapp, 871 F.2d 803, 806
(9th Cir. 1989) (“The general rule, widely recognized
in federal and state courts, is that a corporation can appear
only through an attorney.”). The Court FINDS and
RECOMMENDS that the district court GRANT Plaintiff's
Motion to Strike Answer of Defendants Len C. Perry and 3925
Kamemeha Rd Princeville, HI 96722, LLC and consider the
Answer filed by Mr. Lewis on August 2, 2017, as his Answer
to the extent Mr. Perry is seeking relief in his Opposition,
the Court RECOMMENDS that the district court DENY the
request. The Court is unable to ascertain the
“judge's judgment” that Mr. Perry asks to
“set aside.” See ECF No. 25. The Court
rejects Mr. Perry's arguments that the attorneys
representing Plaintiff acted fraudulently by using their
middle initials instead of their full middle names in court
filings. See id. at 5-9.
Court FINDS AND RECOMMENDS that the district court GRANT
Plaintiff's Motion to Strike Answer of Defendants Len C.
Perry and 3925 Kamemeha Rd Princeville, HI 96722, LLC and
DIRECT Len C. Perry, Jr. and 3925 Kamehameha Rd Princeville,
HI 96722 LLC to file a response to the Complaint no later
than seven days after this district court adopts this
Findings and Recommendation. The Court also RECOMMENDS that
the district court DENY any relief requested in Len C. Perry,
SO FOUND AND RECOMMENDED.