MANZ v MIDWAY MOTORS LLC, et al

Filing 7

ORDER granting in part and denying in part 6 Motion to Strike. Ordered by US DISTRICT JUDGE CLAY D LAND on 09/29/2016. (CCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
ALEXIS ANN MANZ,

*

Plaintiff,

*

vs.

*

MIDWAY MOTORS, LLC and LIAQUAT
A. CHOUDHRY,

*

CASE NO. 3:16-CV-94 (CDL)

*
Defendant.
*
O R D E R
Plaintiff filed a motion to strike Defendant Midway Motors,
LLC’s Answer and grant default judgment against both Defendants.
For the reasons set forth below, the motion (ECF No. 6) is
granted in part and denied in part.
Plaintiff

filed

proofs

of

service

Defendants were served on July 21, 2016.
No. 4.

showing

that

both

Proofs of Service, ECF

Defendant Liaquat Choudhry has not filed an answer.

Choudhry is therefore in default.

See Fed. R. Civ. P. 55(a).

The Clerk shall enter default as to Choudhry.
Defendant Midway Motors, LLC filed an Answer, but it was
prepared and submitted by a non-attorney.

See Answer, ECF No. 5

(stating that the Answer was filed by Midway’s “New Management”
and

that

it

would

“retain

an

attorney

to

file

an

official

answer” if the Court “decides to move forward with this case”).
It is well established “that a corporation may appear in the

federal courts only through licensed counsel.”

In re Strickland

& Davis Int’l, Inc., 612 F. App’x 971, 976 (11th Cir. 2015) (per
curiam) (quoting Rowland v. Cal. Men’s Colony, Unit II Men’s
Advisory

Council,

506

U.S.

194,

201–02

(1993)).

Therefore,

Midway Motors, LLC’s management may not represent Midway Motors,
LLC

in

this

generally

action

advise

representation

and

and

a

must

have

corporation

afford

the

an
of

attorney.
the

corporation

need
an

The
for

courts
proper

opportunity

to

obtain counsel before taking an action like striking the answer
due to lack of counsel.

Id. (collecting cases).

The Court thus

declines to strike Midway Motors, LLC’s Answer at this time.
Midway Motors, LLC is advised that it must retain counsel
if it wishes to defend this action.

Within twenty-one days of

the date of this Order, Midway Motors, LLC may file an amended
Answer.
attorney.

The amended Answer must be prepared and submitted by an
If Midway Motors, LLC does not timely file an amended

Answer prepared and submitted by an attorney, the Court will
strike Midway Motors, LLC’s Answer and enter a default judgment
against Midway Motors, LLC.
IT IS SO ORDERED, this 29th day of September, 2016.
s/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

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