Opinion
24-CV-03132-TLT
07-17-2024
GARY DARTEZ, et al., Plaintiffs, v. FEDERAL GOVERNMENT ADVISORS LLC, et al., Defendants.
ORDER TO SHOW CAUSE FOR FAILURE TO FILE RESPONSIVE PLEADING, RESPONSE DUE JULY 25, 2024 Re: Dkt. Nos. 14, 15, 17, 18
TRINA L. THOMPSON UNITED STATES DISTRICT JUDGE
Self-represented litigants Gary Dartez and Tamisha Latimore filed suit against defendants Federal Government Advisors LLC and FGA Powered by GovConnect LLC for (1) breach of contract; (2) breach of privacy; (3) forgery; and (4) copyright infringement. Compl., ECF 1. Federal Government Advisors is a governmental contract advisement and procurement company located in Tampa, Florida. FGA Powered by GovConnect LLC provides the similar services and is also located in Tampa, Florida. Gary Dartez is the sole member of Dartez Enterprises LLC. Id.
The pleadings allege that the defendant LLCs and their members operate fraudulent companies that advertise for services other than those they provide, lure businesses into spending thousands of dollars on worthless services which were not bargained for, and then “go silent” when prodded by their client base. Id. (common allegations). The pleadings also allege that defendant LLCs are owned and operated by the same persons who leave positive online reviews for defendant LLCs. Further, these persons may operate under aliases to disguise their real identities. See id. ¶ 43 (“The CEO of Federal Government Advisors, Jeffrey Londono and his father, Jhon Londono have several businesses in their names with matching positive reviews online, claiming to have won contracts with Federal Government Advisors.”) Put colloquially, the pleadings allege that defendant companies, and their members, are a sham.
Dartez Enterprises entered into a services agreement with defendant LLCs, but after defendants reneged on their contract, Dartez asked for a refund. Defendants refused. Then, defendants presented a contract to Dartez that Dartez claims to have never seen. Id. ¶¶ 10-45 (plaintiff Dartez' allegations). The new contract included additional terms and was signed by plaintiff Tamisha Latimore. Latimore claims to have never signed the documents. Id. ¶ 54 (plaintiff Latimore's allegations).
The complaint was filed on May 23, 2024. ECF 1. On June 24, 2024, defendants FGA Powered by GovConnect LLC and Federal Government Advisors LLC were served with summons and complaint. ECF 12 & 13; see Fed.R.Civ.P. 5(b)(1) (service on attorney). The answer was due 21 days thereafter, on July 15, 2024. See Fed.R.Civ.P. 12(a)(1)(A)(i).
On July 15, 2024, self-representing plaintiffs filed two Motions to Compel Certification against each of the defendants. ECF 14 & 15. The following day, one day after the deadline for defendant's answer, plaintiffs filed two Motions to Compel Responsive Pleadings. ECF 17 & 18.
It is hereby ORDERED for defendants to SHOW CAUSE for why a responsive pleading has not been filed by July 25, 2024. Failure to respond may result in the clerk entering a default against each defendant. See Fed.R.Civ.P. 55(a).
Further, the Court strongly encourages plaintiffs Gary Dartez and Tamisha Latimore to use the pro-se handbook for assistance with the litigation (available online: https://www.cand.uscourts.gov/wpcontent/uploads/2023/03/ProSeHandbook4-2024MBB.pdf). A hard copy of the handbook is available free of charge at the Clerk's Office in the Northern District of California, San Francisco Courthouse, located at 450 Golden Gate Ave., San Francisco, California, 94102.
Plaintiffs Gary Dartez and Tamisha Latimore are also encouraged to seek legal assistance, free of charge, from the Legal Help Center located at the same address (listed above). Please schedule an appointment by calling: 415-782-8982 or e-mail FedPro@sfbar.org. More information on the Legal Help Desk can be found at https://cand.uscourts.gov/pro-se-litigants/.
This order resolves 14, 15, 17, and 18.
The matter is placed on the calendar for Thursday, July 25, 2024, at 3:00pm via videoconference for Order to Show Cause. All parties are required to appear.
IT IS SO ORDERED.