Johnson v. The Little Belgium Deli, LLC et al

Filing 21

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/30/12: The answer filed May 23, 2012 11 is stricken. No later than December 3, 2012, defendant shall obtain counsel. Failure to obtain counsel may result in the entry of default judgment against defendant. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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Plaintiff,

No. 2:12-cv-0631 LKK CKD PS

vs.
THE LITTLE BELGIUM DELI, LLC,

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Defendant.

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ORDER
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This matter was referred to the undersigned under Local Rule 302(c)(21).1 The

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answer filed on May 23, 2012 on behalf of the defendant corporation appears to have been signed

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by Eric Nordby, an officer of the corporation identified as a managing member. See dkt. nos. 1-

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2, 11. There is no indication that this individual is an attorney. It is well established that “a

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corporation may appear in the federal courts only through licensed counsel.” Rowland v.

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California Men’s Colony, 506 U.S. 194, 202 (1993); see also In re America West Airlines, 40

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F.3d 1058 (9th Cir. 1994) (non-attorney members of partnership cannot appear on behalf of

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partnership). Because the responsive pleading was not filed by an attorney, it will be stricken.

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Defendant will be afforded a limited amount of time in which to retain counsel.

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The four other defendants named in this action have been dismissed. The remaining
defendant is proceeding pro se.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The answer filed May 23, 2012 (dkt. no. 11) is stricken.

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2. No later than December 3, 2012, defendant shall obtain counsel. Failure to

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obtain counsel may result in the entry of default judgment against defendant.

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Dated: October 30, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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johnson-littlebelgium0631.corp.4m

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