Opinion
CASE NO. 08CV2135 MMA (NLS).
February 20, 2009
ORDER GRANTING PLAINTIFF'S REQUEST TO SUBSTITUTE ROBERT CURTIS BASS, INC. AS PLAINTIFF IN THIS ACTION [Doc. No. 55]
On February 9, 2009, Plaintiff Robert Curtis Bass filed a Motion to Amend his First Amended Complaint ("FAC"). [Doc. No. 55]. In the motion, Plaintiff seeks to amend the complaint for the sole purpose of having the Court and Defendants acknowledge that the above-entitled action was "initially filed with the Court on behalf of the Plaintiff as a corporate party and its' [sic] legal representative was and is authorized to act as the Attorney in Fact and Pro Querente (For the Plaintiff)." Mot. to Amend at 1:26-27. Plaintiff asserts that,
The Court erred when it issued its [sic] order denying the Plaintiff's legal representative, Robert C Bass to act as the authorized and assigned `Attorney in Fact' on behalf of the Plaintiff ROBERT CURTIS BASS, along with entering the Plaintiff's legal status as Pro Se in error and inadvertently issuing all judgments and previous orders under the presumption that Plaintiff's legal representative was also bringing the civil action in his own person and subsequently assuming that the Plaintiff and the Plaintiff's legal representative was allegedly practicing law without a license.Id. at 1:28-2:4. On February 10, 2009, the Court issued an Order that Plaintiff file the proposed Second Amended Complaint as an exhibit to the motion, reflecting the change in caption heading to "Robert Curtis Bass, Inc.". [Doc. No. 58]. Later that day, Plaintiff objected to the Court's order and refused to attach the proposed amended complaint. [Doc. No. 58]. Having considered the motion, and Plaintiff's assertions that the above-entitled action was filed originally on behalf of Robert Curtis Bass, Inc., a corporation, and not Robert Curtis Bass, an individual, the Court, having found good cause, GRANTS Plaintiff's request and HEREBY ORDERS the substitution of "Robert Curtis Bass, Inc." as Plaintiff in place of "Robert Curtis Bass." The Clerk of the Court shall modify the docket to reflect "Robert Curtis Bass, Inc." in place of "Robert Curtis Bass."