Hingano v. Channing & Associates, LLC

Filing 11

ORDER to Strike Answer 8 and to Stay Action, signed by District Judge Lawrence J. O'Neill on 12/4/09. Motion to Strike 9 DENIED; Action STAYED until 12/31/2009. (Verduzco, M)

1 2 3 4 5 6 7 8 9 10 11 12 Plaintiff, 13 vs. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On November 25, 2009, defendant Channing & Associates, LLC ("Channing") filed correspondence which this Court construes as an answer to plaintiff Linea Hingano's complaint alleging that Channing engaged in prohibited debt collection practices. The correspondence is signed by "A Terry Registered Agent." There is no indication that an attorney represents Channing. Channing is not an individual who represents himself/herself and is a corporation, according to the complaint. A "corporation may appear in the federal courts only through licensed counsel." Rowland v. California Men's Colony, 506 U.S. 194, 202, 113 S.Ct. 716, 721 (1993); United States v. High Country Broadcasting Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993); see Osborn v. President of Bank of United States, 9 Wheat. 738, 829, 6 L.Ed. 204 (1824); Turner v. American Bar Ass'n, 407 F.Supp. 451, 476 (N.D. Tex. 1975) (citing the "long line of cases" from 1824 holding that a corporation may only be represented by licensed counsel). All artificial entities must appear in federal court through counsel. 1 CHANNING & ASSOCIATES, LLC, Defendant. / LINEA HINGANO, CASE NO. CV F 09-1881 LJO DLB ORDER TO STRIKE ANSWER AND TO STAY ACTION (Docs. 8,9.) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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Rowland, 506 U.S. at 202, 113 S.Ct. at 721. This Court's Local Rule 183(a) provides: "A corporation or other entity may appear only by an attorney." Channing fails to defend this action through licensed counsel. As such, Channing's

correspondence filed on November 25, 2009 is not a proper answer to warrant its striking to that effect. On the basis of good cause, this Court: 1. STRIKES Channing's correspondence filed on November 25, 2009 as an answer to the complaint; 2. ORDERS Channing, no later than December 31, 2009, to secure representation of licensed counsel and to appear in this action through licensed counsel; 3. ADMONISHES Channing that this Court will enter default against Channing unless Channing, no later than December 31, 2009, secures representation of licensed counsel and appears in this action through licensed counsel; 4. 5. STAYS this action until December 31, 2009; and DENIES as moot plaintiff's motion to strike (doc. 9) given this order.

IT IS SO ORDERED. Dated: 66h44d December 4, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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