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).

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION KAREN BRADLEY and CARMEN ASHWORTH, Plaintiffs, ) ) ) ) ) CAUSE NO.: 2:14-CV-329-TLS-PRC ) ) ) ) ) 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

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