J & J Sports Productions, Inc. v. Stott et al

Filing 16

ORDER granting 11 Plaintiff's Motion to Strike Purported 10 Answer to Complaint of Defendant Stottgracey LLC. The answer is stricken, by Magistrate Judge Kristen L. Mix on 11/25/09.(gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02447-CMA-KLM J & J SPORTS PRODUCTIONS, INC., as Broadcast Licensee of the December 6, 2008, DeLaHoya/Pacquaio Broadcast, Plaintiff, v. DAVID STOTT, individually, and as an officer, director shareholder and/or principal of STOTTGRACEY LLC, d/b/a SPORTSCASTER BAR & GRILL, a/k/a SPORTSCASTER BAR, a/k/a SPORTSCASTER GRILL & TAVERN, a/k/a SPORTSCASTER BAR & RESTAURANT, and STOTTGRACEY LLC, d/b/a SPORTSCASTER BAR & GRILL, a/k/a SPORTSCASTER BAR, a/k/a SPORTSCASTER GRILL & TAVERN, a/k/a SPORTSCASTER BAR & RESTAURANT, Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff's Motion to Strike Purported Answer of Defendant Stottgracey, LLC, d/b/a Sportscaster Bar & Grill, a/k/a Sportscaster Bar, a/k/a Sportscaster Grill & Tavern, a/k/a Sportcasters Bar & Restaurant [Docket No. 11; Filed November 13, 2009] (the "Motion"). Defendant David Stott has appeared on behalf of himself, pro se, and on behalf of Stottgracey, LLC, and filed an Answer to the Plaintiff's Complaint [Docket No. 10]. Because David Stott is not a licensed attorney admitted to practice in this Court, he is not permitted to represent Stottgracey, LLC. See 28 U.S.C. 1654; Harrison v. Wahatoyas, LLC, 253 F.3d 552, 556-57 (10th Cir. 2001) ("[A] corporation or other business entity can only appear in court through an attorney and not through a non-attorney corporate officer appearing pro se."]. Pursuant to D.C. Colo. L. Civ. R. 11.1(A), a pleading listing in a signature block or otherwise purporting to enter an appearance by anyone other than a pro se individual party or a member of this court's bar may be stricken by the Court. Accordingly, IT IS HEREBY ORDERED that the Motion is GRANTED. The Answer of Defendant Stottgracey, LLC, is STRICKEN. Dated: November 25, 2009

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