SE Property Holdings, LLC v. Center et al

Filing 82

Order GRANTING 78 MOTION for Asheton W. Sawyer to Withdraw as Attorney as set out. Plf is to file either a motion to substitute accompanied w/proposed amended complaint, motion to dismiss, or file a brief citing authority on or before 9/11/2020 as set out. The Clerk is DIRECTED to provide a copy of this order to the Brown Dfts, via certified mail, to the address previously provided by the their counsel. To the extent Patrick Lance Brown, Jr., S.S.B. & L.T.B. do not reside at that address, D ft Amy T. Brown is DIRECTED to provide to them a copy of this order as set out. The individual Brown Dfts are instructed to contact the Clerk to provide contact information as set out. Signed by District Judge Terry F. Moorer on 8/20/2020. (copies to Brown Dfts, via cert. mail, on 8/21/2020) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
SE PROPERTY HOLDINGS,
Plaintiff,
v.
TAMMY T. CENTER, in her capacity as
Personal Representative of the Estate of
Charles H. Trammel, et al.,
Defendants.

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CIV. ACT. NO. 1:18-cv-50-TFM-MU

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ORDER

Pending before the Court is the Motion to Withdraw As Counsel (Doc. 78, filed 7/27/20)
filed by Asheton W. Sawyer as to the “Brown Defendants.” The Court held a hearing on the matter
on August 18, 2020. Counsel provided the Court the non-privileged reasons for the withdrawal.
The Court also notes that Defense Counsel was permitted to withdraw in the companion case, SE
Property Holdings, LLC v. Tammy T. Center, et al., Civ. Act. No. 1:15-cv-33-WS-C (S.D. Ala).
Based on the developments in the case, the Court finds that the motion to withdraw is due
to be GRANTED. Counsel is permitted to withdraw which leaves the Brown defendants
unrepresented in this matter.
As the Court has explained repeatedly in this case, individual defendants may proceed pro
se in defending themselves in this lawsuit. The Court advises them that pro se individuals are held
to the same standards on Court rules, procedures, and deadlines as those parties who are
represented by counsel. However, in preparation of this order, the Court realized that there are
some contradictions as to the named defendants. At present there are seven (7) named “Brown
defendants” and they are as follows:

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1. Amy T. Brown
333 Oak Ridge Dr.
Pike Road, AL 36064
in her individual capacity
2. Trammell Family Lake Martin Properties, L.L.C.
c/o Amy T. Brown
333 Oak Ridge Dr
Pike Road, AL 36064
3. Amy T. Brown
333 Oak Ridge Dr.
Pike Road, AL 36064
as guardian of and custodian for Patrick Lance Brown, Jr.
4. Patrick Lance Brown, Jr.
333 Oak Ridge Dr
Pike Road, AL 36064
5. Amy T. Brown
333 Oak Ridge Dr.
Pike Road, AL 36064
as guardian of and custodian for S.S.B.
6. Amy T. Brown
333 Oak Ridge Dr.
Pike Road, AL 36064
as guardian of and custodian for L.T.B.
7. Patrick Lance Brown, Sr.
333 Oak Ridge Dr.
Pike Road, AL 36064
In reviewing that list, there appear to be some duplications and contradictions. The third and fourth
listed Brown defendants are Amy T. Brown, as guardian of and custodian for Patrick Lance
Brown, Jr., followed by listing Patrick Lance Brown, Jr. as an individual defendant. Further, the
Court understands that it may be possible that the minors listed as S.S.B. and L.T.B may have now
reached Alabama’s age of majority. This requires a substitution of the defendants who are no
longer minors. See, e.g. Hill v. Cundiff, 797 F.3d 948, 955 n. 1 (11th Cir. 2015); Mizrahi v. Yahama
Motor Corp., U.S.A., 389 F. Supp. 3d 1135, 1136 (S.D. Fla. 2019). Though most cases appear to
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address substitution in the context of a plaintiff who reaches the age of majority, the Court finds
them sufficiently analogous to raise the issue as to defendants as well. Further, Rule 25(c) states
“[t]he motion must be served as provided in Rule 25(a)(3)” and Fed. R. Civ. P. 25(a)(3) seemingly
contemplates a hearing on the matter. To the extent the Brown children are still minors, the
Court should be made aware of that as well because it may then be appropriate to look at whether
a Guardian Ad Litem is appropriate.
Therefore, Plaintiff is DIRECTED to review the pending defendants to determine which
may need substitution and to eliminate any duplicative defendants from their pleadings. As such,
Plaintiff shall either:
(1) file a motion to substitute accompanied by a proposed amended complaint which
specifically identifies the correctly named defendants who are now the age of majority and
to determine contact information for those individual defendants that are not currently
represented;
(2) file a motion to dismiss pursuant to Fed. R. Civ. P. 41(a)(2) which drops those
individuals as defendants; or
(3) file a brief citing authority that indicates a different plan as to those defendants is
required.
Plaintiff shall file its motion/brief on or before September 11, 2020.
Finally, with regards to Defendant Trammell Family Lake Martin Properties, L.L.C. (c/o
Amy T. Brown), as an entity it cannot proceed on its own behalf nor can Amy T. Brown represent
it as she is not an attorney. There is nothing in 28 U.S.C. § 1654 or Federal Rule of Civil Procedure
17(c) which permits anyone to proceed pro se on behalf of the entities. The Eleventh Circuit has
held on several occasions that 28 U.S.C. § 1654 prohibits a non-lawyer from representing another

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entity such as a corporation, trust, or estate. See, e.g., Nat’l Indep. Theatre Exhibitors, Inc. v.
Buena Vista Distrib. Co., 748 F.2d 602, 609 (11th 1984); Franklin v. Garden State Life Ins., 462
F. App’x. 928, 930 (11th Cir. 2012). Consequently, unless counsel appears on behalf of the
Trammell Family Lake Martin Properties, L.L.C., it remains unrepresented and cannot file any
pleadings or documents in its defense.
To resolve the above issues, the Court issues a temporary stay of all matters in this action
(to include discovery). This stay has no effect on the companion case, SE Property Holdings, LLC
v. Tammy T. Center, et al., Civ. Act. No. 1:15-cv-33-WS-C (S.D. Ala).
The Clerk of Court is DIRECTED to provide a copy of this order to the Brown Defendants
via certified mail to the address previously provided by their counsel (Doc. 78). To the extent
Patrick Lance Brown, Jr., S.S.B, and L.T.B. do not reside at that address, Defendant Amy T.
Brown is DIRECTED to provide them a copy of this order so they are aware of the proceedings
in which they are named defendants. Defendant Amy Brown is also put on notice that she cannot
represent the children (whether minors or adults) in these proceedings as she is not a lawyer and
the same bar as to Trammell Family Lake Martin Properties, L.L.C. applies as to the children.
The individual Brown Defendants are also instructed to contact the Clerk of Court to
provide complete contact information including a phone number so that the Court may contact
them as needed throughout this case.
DONE and ORDERED this the 20th day of August 2020.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE

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