RADOS v. GOLDBERG & PERETTI LLC et al

Filing 14

ORDER granting 13 Motion to Strike 4 Answer to Complaint. Counsel for Goldberg & Peretti, LLC shall have until July 9, 2015 to file an entry of appearance and to response to Plaintiff's Complaint. Ordered by US DISTRICT JUDGE HUGH LAWSON on 6/18/2015. (aks)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION

CHAD RADOS,
Plaintiff,
Civil Action No. 7:14-CV-163 (HL)

v.
GOLDBERG & PERETTI, LLC and
DOES 1-10, inclusive,
Defendants.

ORDER
Before the Court is Plaintiff’s Motion to Strike Defendant’s Answer. (Doc.
13). The Court grants Plaintiff’s motion for the following reasons:
On October 17, 2014, Plaintiff filed this action against Goldberg & Peretti,
LLC (“Goldberg”), a California business operating as a collection agency, and
Does 1-10, the purported collectors employed by Goldberg, for alleged violations
of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. (Doc. 1).
Goldberg filed a timely Answer on November 21, 2014. (Doc. 4). However, the
Answer appears to have been prepared, signed, and filed by Goldberg’s
registered agent, William Bales, and not a licensed attorney authorized to appear
before this Court.

Plaintiff now moves to strike Goldberg’s Answer because Goldberg is not
represented by counsel and consequently is prohibited from appearing in federal
court. (Doc. 13). Limited liability companies like Goldberg are considered artificial
entities and, therefore, cannot appear in federal court pro se. See Palazzo v. Gulf
Oil Corp., 764 F.2d 1381 (11th Circ. 1985) (“The rule is well established that a
corporation is an artificial entity that can act only through agents, cannot appear
pro se, and must be represented by counsel.”).
Accordingly, Plaintiff’s motion to strike Goldberg’s pro se Answer is
granted. Counsel for Goldberg must file a notice of appearance and response to
the Complaint on or before July 9, 2015. Failure of Goldberg to comply with this
order may result in the entry of a default judgment. Fed.R.Civ.P. 55.
SO ORDERED, this 18th day of June, 2015.
s/ Hugh Lawson______________
HUGH LAWSON, SENIOR JUDGE

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