Joe Hand Promotions, Inc. v. Moore et al

Filing 17

ORDER re 14 MOTION to Withdraw. Defendants Moore Financial & Investment Firm, LLC and Claude Moore have 21 days from the date of this Order to respond to Motion to Withdraw or substitute counsel. Signed by Honorable Susan O. Hickey on September 2, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION

JOE HAND PROMOTIONS, INC.

v.

PLAINTIFF

Civil No. 4:15-cv-4082

CLAUDE MOORE, Individually and
d/b/a KING OF WINGS BAR & GRILL;
and MOORE FINANCIAL & INVESTMENT
FIRM, LLC, an Unknown Business Entity
d/b/a KING OF WINGS BAR & GRILL

DEFENDANTS

ORDER
Defendants’ attorney of record, John R. Mercy, has filed a Motion to Withdraw as
Counsel. ECF No. 14. Mercy states that he seeks withdrawal because Defendants have not
communicated with him since approximately March 15, 2016. Mercy has notified Defendants
by letter of his intent to withdraw as counsel. ECF No. 14-1.
Parties who are not natural persons may not appear pro se. Rowland v. Cal. Men’s
Colony, 506 U.S. 194, 203 (1993); City of Kansas City, Mo. v. Hous. & Econ. Dev. Fin. Corp.,
366 F. App’x. 723, at 723-24 (8th Cir. 2010). In fact, according to the Eighth Circuit, a
corporation or other business entity is technically in default as of the date its counsel is permitted
to withdraw from the case without substitute counsel appearing. Ackra v. Fingerhut Corp., 86
F.3d 852, 857 (8th Cir. 1996).
Accordingly, Defendant Moore Financial & Investment Firm, LLC has twenty-one (21)
days from the date of this order to respond to its counsel’s Motion to Withdraw or obtain

substitute counsel. Defendant Moore Financial & Investment Firm, LLC is warned that a failure
to obtain substitute counsel could result in the entry of default against it.
Defendant Claude Moore has twenty-one (21) days from the date of this order to respond
to his counsel’s Motion to Withdraw or obtain substitute counsel. If Defendant Claude Moore
fails to obtain substitute counsel within this time period, the Court will assume that he has
elected to proceed in this action pro se. Defendants’ counsel is directed to immediately serve a
copy of this order on Defendants at their last known address and file a certificate of service
therefore.
IT IS SO ORDERED, this 2nd day of September, 2016.

/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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