Marshall v. Mid America Credit Bureau, LLC

Filing 6

ORDER STRIKING 5 Answer to Complaint filed by Mid America Credit Bureau, in Letter format. Signed by Magistrate Judge Boyd N. Boland on 12/13/06. (erv, )

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Marshall v. Mid America Credit Bureau, LLC Doc. 6 Case 1:06-cv-02391-REB-BNB Document 6 Filed 12/13/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 06-cv-02391-REB-BNB SHANE MARSHALL, Plaint iff, v. MID AMERICA CREDIT BUREAU, LLC, a Kansas limited liability company, Defendant. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises in connection with a Letter filed by the defendant [Doc. # 5, received 12/12/2006]. The Letter states that it is "n response to the complaint filed by Shane Marshall on i November 29th, 2006." Letter at p.1. The Letter is signed by Candace Cooper. There is no indication that Ms. Cooper is a lawyer admitted to practice in this court. The defendant apparently is either a corporation or a limited liability company, but in any event is not a natural person. The law is well established that corporations and limited liability companies may appear in court only through a lawyer who is a member of the bar of the court. Flora Const. Co. v. Fireman' Fund Ins. Co., 307 F.2d 413, 413-14 (10th Cir. 1962)(stating that s "t]he rule is well established that a corporation can appear in a court of record only by an [ attorney at law"; Wallic v. Owens-Corning Fiberglass Corp., 40 F. Supp. 2d 1185, 1188 (D. ) Colo. 1999)(holding that " corporate defendant . . . and a limited liability organization . . . [can] a only appear by counsel admitted to the bar of this court"; and Reeves v. Queen City ) Case 1:06-cv-02391-REB-BNB Document 6 Filed 12/13/2006 Page 2 of 2 [ Transport ation, Inc., 10 F. Supp. 2d 1181, 1188 (D. Colo. 1998)(noting that "i]t has been the law, for the better part of two centuries, that a corporation may appear in federal court only through a licensed attorney". Consequently, Mid America Credit Bureau, LLC (" id ) M America", cannot proceed pro se, nor may Candace Cooper, who is not a lawyer admitted to ) practice in this court, represent Mid America. IT IS ORDERED that the Letter [Doc. # 5] is STRICKEN. I caution Mid America that it must be represented by a lawyer if it intends to defend this action, and any failure to engage counsel and defend the action may result in the entry of a default judgment against Mid America and in favor of the plaintiff. Dated December 13, 2006. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge 2

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