Trustees of the Colorado Finishing Trades Health and Welfare Fund et al v. Alpine Design Interiors, Inc. et al

Filing 23

Minute ORDER denying as Moot 11 Motion for Leave to File First Amended Complaint. Ordered that by 01/30/09 defendant ABBA Bonding, Inc shall file a response to plaintiffs' Motion to Strike Defendant Sears' Motion to Dismiss 21 . Defendant ABBA Bonding, Inc., is hereby placed on notice that the Tenth Circuit has a long-standing rule that a corporation must be represented by an attorney to appear in federal courtby Magistrate Judge Michael J. Watanabe on 01/08/09.(jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-02402-RPM-MJW
TRUSTEES OF THE COLORADO FINISHING TRADES HEALTH AND WELFARE FUND, TRUSTEES OF THE COLORADO FINISHING TRADES INSTITUTE, TRUSTEES OF THE CARPET, LINOLEUM AND RESILIENT TILE LAYERS VACATION TRUST FUND, and TRUSTEES OF THE RESILIENT FLOOR COVERING PENSION FUND,

Plaintiff(s), v. ALPINE DESIGN INTERIORS, INC., a Colorado corporation, and ABBA BONDING, INC., an Alabama corporation, Defendant(s). MINUTE ORDER Entered by Magistrate Judge Michael J. Watanabe It is hereby ORDERED that the plaintiffs' Motion to File First Amended Complaint (Docket No. 11), is denied as moot. Defendant's response/answer (Docket No. 6) was stricken, and no responsive pleading was filed before the First Amended Complaint (Docket No. 8) was filed. Therefore, leave of court was not required in order to file the First Amended Complaint. See Fed. R. Civ. P. 15(a)(1). It is further ORDERED that on or before January 30, 2009, defendant ABBA Bonding, Inc., through counsel shall file a response to plaintiffs' Motion to Strike Defendant Sears' Motion to Dismiss (Docket No. 21). Defendant ABBA Bonding, Inc., is hereby placed on notice that the Tenth Circuit has a "long-standing rule that a corporation must be represented by an attorney to appear in federal court." Tal v. Hogan, 453 F.3d 1244, 1254 & n.8 (10th Cir. 2006). Date: January 8, 2009