Bradley et al v. Ace Foster Care and Pediatric Home Nursing Agency Corp

Filing 7

ORDER striking 6 Motion to Dismiss and EXTENDS the deadline to respond to the Complaint to October 24, 2014. Signed by Magistrate Judge Paul R Cherry on 10/1/14. (cc. Cunningham) (eml) Modified on 10/2/2014 (eml).

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
KAREN BRADLEY and
CARMEN ASHWORTH,
Plaintiffs,

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) CAUSE NO.: 2:14-CV-329-TLS-PRC
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v.
ACE FOSTER CARE AND PEDIATRIC
HOME NURSING AGENCY CORP. and
ELLIOTT CUNNINGHAM,
Defendants.

ORDER
This matter is before the Court sua sponte. On September 30, 2014, Defendant Elliott
Cunningham, pro se, filed a combined “Answer and Motion to Dismiss” as an individual and on
behalf of Defendant Ace Foster Care and Pediatric Home Nursing Agency Corporation [DE 6].
Corporations and other parties that are not natural persons can appear in the federal courts
only through licensed counsel and may not appear pro se or through ordinary agents. See Rowland
v. California Mens Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 202 (1993). Although
individuals may represent themselves in federal court, see 28 U.S.C. § 1654, an individual (who is
not a licensed attorney) cannot represent any other individual or a legal abstraction, such as a
corporation or trust, even if that individual is the agent or administrator. See Scandia Down Corp.
v. Euroquilt, Inc., 772 F.2d 1423, 1427 (7th Cir. 1985). Thus, Defendant Elliott Cunningham cannot
represent the corporate defendant and may only make filings as an individual.
Accordingly, the Court hereby STRIKES the Answer and Motion to Dismiss [DE 6] and
EXTENDS the deadline to respond to the Complaint to October 24, 2014.
So ORDERED this 1st day of October, 2014.
s/ Paul R. Cherry
MAGISTRATE JUDGE PAUL R. CHERRY
UNITED STATES DISTRICT COURT
cc:

All counsel of record
Pro se Defendant, Elliott Cunningham