PURDUE RESEARCH FOUNDATION v. WAKLEY et al

Filing 23

ENTRY - Save Our Veterans, Inc. has not appeared by counsel and its deadline for doing so has passed, its answer, counterclaim, and third-party complaint are each STRICKEN. Although stricken, these materials shall be kept in the court's file. Those pleadings are not stricken as to Victor Wakley. Signed by Judge Tanya Walton Pratt on 2/26/2013. Copy Mailed.(JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

PURDUE RESEARCH FOUNDATION
c/o STURAT & BRANIGAN LLP,
Plaintiff,
v.
VICTOR WAKLEY AND SAVE OUR
VETERANS, INC.,
Defendants/Counter Complainants,
v.
PURDUE RESEARCH FOUNDATION,
JAMES BARKET (individual),
JOSEPH B. HORNETT (individual),
Counter Claimants,
INTERNAL REVENUE SERVICE,
UNITED STATES POSTAL SERVICE,
Third Party Complainants.

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No. 1:12-cv-1807-TWP-DKL

ENTRY
Save Our Veterans, Inc. is one of the original defendants and is a putative
counterclaim plaintiff and a putative third party plaintiff. This defendant was given
through February 19, 2013, in which to appear by counsel. The court also included
in that notice that if Save Our Veterans, Inc. failed to appear by counsel its
pleadings would be stricken because a corporation must be represented by counsel.
It is well known that a litigant in federal court may either appear pro se or by
counsel. Lewis v. Lenc-Smith Manufacturing Co., 784 F.2d 829, 830 (7th Cir. 1986);
28 U.S.C. ' 1654. Because Save Our Veterans, Inc. has not appeared by counsel and
its deadline for doing so has passed, its answer, counterclaim, and third-party

complaint are each stricken. Although stricken, these materials shall be kept in
the court’s file. Those pleadings are not stricken as to Victor Wakley.
IT IS SO ORDERED.

02/26/2013
Date: __________________
Distribution:
Electronically Registered Counsel
Victor D. Wakley
12165 Golden Bluff Court
Indianapolis, IN 46236

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana