B & H Construction Inc v. Burke

Filing 10

ORDER directing attorney Christopher R. Warthen to, within 5 days of the entry of this Order, either comply with procedures under Local Rule 83.5 for admission to the bar of this Court or serve a copy of this Order upon B&H Construction Inc and mail proof of service to Chambers; failure to comply, B&H Construction must retain new counsel, who must enter a notice of appearance in this action on or before 4/15/11. Signed by Judge Susan Webber Wright on 3/29/11. (vjt)

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B & H Construction Inc v. Burke Doc. 10 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION B&H CONSTRUCTION, INC. Plaintiff V. JACKIE A. BURKE Defendant * * * * * * * * * NO: 4:11CV00075 SWW JACKIE A. BURKE Counter Claimant V. B&H CONSTRUCTION, INC. Counter Defendant * * * * * * * * * * ORDER Christopher R. Warthen, counsel for plaintiff/counter defendant B&H Construction, Inc. has failed to comply with Local Rule 83.5(d). By letter dated February 11, 2011, the Clerk notified Mr. Warthen that he is not enrolled to practice in this Court. The letter advised: "If our information is correct and you wish to appear . . . you will need to comply with the procedures that are contained in Local Rule 83.5 within 30 days." As of this date, Mr. Warthen has not sought admission to the bar of this Court. Dockets.Justia.com Plaintiff/counter defendant B&H Construction, Inc., a corporation, cannot appear in this case without an attorney, enrolled to practice in this Court. See Ackra Direct Marketing Corp. v. Fingerhut Corp., 86 F.3d 852, 857 (8th Cir. 1996)(citing 28 U.S.C. § 1654); United States v. Van Stelton, 988 F.2d 70, 70 (8th Cir.1993)). IT IS THEREFORE ORDERED that attorney Christopher R. Warthen shall, within 5 (five) days from the entry date of this order, either comply with procedures under Local Rule 83.5 for admission to the bar of this Court or serve a copy of this order upon B&H Construction, Inc. and mail proof of service to Chambers. IT IS FURTHER ORDERED that, in the event that Mr. Warthen fails to take the steps necessary to appear in this case, B&H Construction, Inc. must retain new counsel, who must enter a notice of appearance in this case on or before April 15, 2011. IT IS SO ORDERED THIS 29TH DAY OF MARCH, 2011. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 2

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