USA v. Berryman et al

Filing 35

MINUTE ORDER granting in part 32 Motion for Leave to Permit Nancy Dell Berryman, Pro Se, Representing All Defendants to Appear Telephonically at February 15, 2012 Scheduling Conference. Defendant Berryman, representing herself only, may appear by telephone at the Scheduling Conference set for February 15, 2012, at 10:00 a.m. Defendant Berryman and counsel for Plaintiff must first conference together and then call Chambers on a single line by Magistrate Judge Kristen L. Mix on 02/10/12.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02708-WYD-KLM
USA,
Plaintiff,
v.
NANCY D. BERRYMAN,
THE TEMPLE OF THE UNVEILED GOD, and
THE OFFICE OF THE OVERSEER OF DEDICATION TO ENLIGHTENMENT, and her
successors, a corporation sole,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the Motion for Leave to Permit Nancy Dell
Berryman, Pro Se, Representing All Defendants to Appear Telephonically at February
15, 2012 Scheduling Conference [Docket No. 32; Filed February 9, 2012] (the “Motion”).
As an initial matter, the Court notes that Defendant Berryman may only represent herself
in this proceeding, and may not represent the two entity Defendants. It is a “long-standing
rule that [an entity] must be represented by an attorney to appear in federal court,” Tal v.
Hogan, 453 F.3d 1244, 1254 (10th Cir. 2006) (footnote and citations omitted), and an entity
cannot appear through a non-attorney business officer appearing pro se. Harrison v.
Wahatoyas, LLC, 253 F.3d 552, 556 (10th Cir. 2001). Accordingly,
IT IS HEREBY ORDERED that the Motion is GRANTED IN PART. Defendant
Berryman, representing herself only, may appear by telephone at the Scheduling
Conference set for February 15, 2012, at 10:00 a.m. Defendant Berryman and counsel for
Plaintiff must first conference together and then call Chambers on a single line at (303)
335-2770 at the designated time.
Dated: February 10, 2012