Maida et al v. Sherman et al

Filing 48

ORDER striking the answers of James Sherman, Joe Vincent II, the Vision Group, Inc. and VGRT 12 11 ; these defts to have twenty days from the date of this Order to file an answer. Signed by Judge Brian S. Miller on 11/18/08. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DOMINICK MAIDA, ET AL. vs. NO. 4:07CV001151 BSM DEFENDANTS ORDER On January 22, 2008, defendant Samantha Sherman, who is proceeding pro se, filed an answer on behalf of herself, and defendants James Sherman, Joe Vincent II, the Vision Group, Inc. and VGRT, Inc. Samantha Sherman is not an attorney. "It is settled law that a corporation may be represented only by licensed counsel." Carr Enters., Inc. v. United States, 698 F.2d 952, 953 (8th Cir. 1983). Furthermore, Samantha Sherman cannot represent the other individual defendants. See 28 U.S.C. 1654 ("In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein."); Snead v. Kirkland, 462 F. Supp. 914, 918 (E.D. Penn. 1978) (layperson could represent himself with respect to his individual claims, but could not act as an attorney for others in federal court). The answers of defendants James Sherman, Joe Vincent II, the Vision Group, Inc. and VGRT are stricken. These defendants will have twenty days to file an answer on their behalf. Failure to do so will result in the entry of default. PLAINTIFFS SAMANTHA SHERMAN, ET AL. IT IS SO ORDERED this 18th day of November, 2008. ________________________________ UNITED STATES DISTRICT JUDGE

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