Breland et al v. Levada EF Five, LLC
Order re: 47 MOTION for W. Alexander Gray, Jr. to Withdraw as Attorney & 49 Certificate of Service. Motion is GRANTED. Levada EF Five, LLC is ORDERED TO OBTAIN COUNSEL to represent it in this action, & new counsel shall file a notice of appearance on or before 1/30/2015. Signed by Judge Callie V. S. Granade on 1/16/2015. (tot)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
CHARLES K. BRELAND, JR., et
LEVADA EF FIVE, LLC
) CIVIL ACTION NO. 14-0158-CG-C
This cause is before the court on the Motion to Withdraw as Counsel for
Defendant Levada EF Five, LLC filed by W. Alexander Gray, Jr. (Doc. 47), and the
Certificate of Service (Doc. 49).
Upon due consideration of the grounds cited and as counsel represents in the
Certificate of Service that a copy of the motion was served on Levada EF Five, LLC
via U. S. Mail, the motion is hereby GRANTED.
The rule is well established that a corporation is an artificial entity that can
act only through agents, cannot appear pro se, and must be represented by counsel.
Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985), cert. denied, 474
U.S. 10528 (1986)(citing Commercial and Railroad Bank of Vicksburg v. Slocomb,
39 U.S. (14 Pet.) 60, 10 L.Ed. 354 (1840); In re K.M.A., Inc., 652 F.2d 398 (5th Cir.
Unit B 1981); Southwest Exp. Co. v. I.C.C., 670 F.2d 53 (5th Cir.1982)). Levada EF
Five, LLC does not have the option of proceeding without counsel. The rule
requiring representation by counsel for a corporation is nearly as old as this
It has been the law for the better part of two centuries, for example,
that a corporation may appear in the federal courts only through
licensed counsel. Osborn v. President of Bank of United States, 22
U.S. (9 Wheat.) 738, 829, 6 L.Ed. 204 (1824); see Turner v. American
Bar Assn., 407 F.Supp. 451, 476 (N.D. Tex. 1975)(citing the “long line
of cases” from 1824 to the present holding that a corporation may only
be represented by licensed counsel), affirmance order sub nom. Taylor
v. Montgomery, 539 F.2d 715 (Table)(7th Cir. 1976), and aff’d sub nom.
Pilla v. American Bar Ass’n., 542 F.2d 56 (8th Cir. 1976). As the courts
have recognized, the rationale for that rule applies equally to all
Rowland v. California Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194,
201-02 (1993). Accord, Federal Trade Commission v. GEM Merchandising Corp.,
1995 WL 623168 at *1 (11th Cir. Sept. 1, 1995) (“It is well settled that a corporation
is an artificial entity which cannot appear pro se in legal proceedings but must be
represented by counsel. citing Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th
Cir. 1985), cert. denied, 474 U.S. 1058 (1986)). This rule applies even when the
person seeking to represent the corporation is its president and major stockholder.”)
Levada EF Five, LLC, is therefore ORDERED TO OBTAIN COUNSEL
to represent it in this action; new counsel for Levada EF Five, LLC shall file a
notice of appearance on or before January 30, 2015.
DONE and ORDERED this 16th day of January, 2015.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE
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