Why don't you ask any competent attorney how many times a "ridiculous case" is filed in a federal court and then a United States Judge, rather than dismissing it outright and ordering sanctions, calls a hearing for oral argument, and thereafter orders the corporate defendant to retain counsel, with the warning that noncompliance would result in the District Court entering default on the entire "ridiculous case" as to that defendant?
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
OLIVIER L. F. ASSER,
Plaintiff,
-vs- Case No. A-04-CA-383-SS
PHILIP R. BERBER, LESLIE M. MOOR,
CHRISTOPHER J. REA and TRADING
PLACES, INC.,
Defendants.
ORDER
BE IT REMEMBERED on this the 7th day of December, 2004, the Court reviewed the file in the above-captioned matter, and after a review of the same, enters the following:
It is a well-settled rule of law a corporation cannot appear in federal court unless represented by a licensed attorney. See e.g., Rowland v. Cal. Men's Colony, 506 U.S. 194, 202 (1993)("The lower courts have uniformly held that 28 U.S.C. § 1654...does not allow corporations, partnerships, or associations to appear in federal court otherwise than by licensed counsel"); Southwest Express Co. v. I.C.C., 670 F.2d 53, 55 (5th Cir. 1982). Defendant Trading Places, Inc. is not represented by an attorney. As a result, the Court will allow Trading Places, Inc. until December 17, 2004 to appear through counsel. Failure to do so will result in entry of default as to this Defendant.
SIGNED this the 7th day of December 2004.
[signature]
SAM SPARKS
UNITED STATES DISTRICT JUDGE |
