UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES SECURITIES AND

EXCHANGE COMMISSION,

Case Number 09-12950

Plaintiff, Honorable David M. Lawson

v.

JOHN J. BRAVATA, RICHARD J. 

TRABULSY, ANTONIO M. BRAVATA,

BBC EQUITIES, LLC, BRAVATA 

FINANCIAL GROUP, LLC, and SHARI A. 

BRAVATA,

Defendants.

_____________________________________/

ORDER DENYING DEFENDANT’S MOTIONS

This matter is before the Court on defendant John Bravata’s motion to stay proceedings and

enjoin dismissal of parties. Bravata also filed a document entitled “standing nunc pro tunc

notification of joining in all motions and submissions by all family defendants with John Bravata,”

by which the defendant evidently intends to inform the Court that the other individual defendants

named in the complaint desire to join or concur in all motions filed by him.

On March 6, 2014, the Court entered its opinion and order granting the government’s motion

for summary judgment against the defendants, and a judgment awarding substantially all of the relief

that the government had requested. On March 18, 2014, John Bravata filed his notice of appeal of

the Court’s opinion and judgment. On May 29, 2014, the Court entered an amended and final

judgment that resolved certain other pending claims against defendant Richard Trabulsy which the

Court previously had overlooked, and in all other respects dismissed the complaint with prejudice. 

On June 12, 2014, after a hearing, the Court granted the receiver’s motion to approve his fifth and

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final report, terminate the receivership, and allow application of remaining unencumbered funds in

the receivership to previously approved costs and fees. Because the Court has entered a final

judgment in this matter and there are no remaining proceedings that could be stayed, the defendant’s

motion to stay is moot. The Court therefore will deny the defendant’s motion.

The defendant purported to file his “notice of joinder” on behalf of both himself and

individual defendants Antonio and Shari Bravata. None of those defendants presently are

represented by counsel, and the notice bears the personal signature of John Bravata only. The notice

contains only typewritten “electronic signatures” for the other individuals. However, because John

Bravata “is not a licensed attorney, he [cannot] represent his fellow [defendants] in this action.” 

Smith v. Dukes, 21 F. App’x 344, 344-45 (6th Cir. 2001). “[A]n individual who brings an action in

federal court must either proceed pro se or have a licensed attorney.” Ibid. Moreover, under the

Federal Rules of Civil Procedure, “[e]very pleading, written motion, and other paper must be signed

by at least one attorney of record in the attorney’s name — or by a party personally if the party is

unrepresented.” Fed. R. Civ. P. 11(a). The Court therefore must strike the notice of joinder because

the defendant had no legal authority to file it, and because it was filed in violation of the applicable

court rules.

Accordingly, it is ORDERED that the defendant’s motion to stay [dkt. #681] is DENIED.

It is further ORDERED that the defendant’s notice of joinder [dkt. #683] is STRICKEN.

s/David M. Lawson

DAVID M. LAWSON

United States District Judge

Dated: June 20, 2014

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PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on June 20, 2014.

s/Shawntel Jackson 

SHAWNTEL JACKSON

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