TOLIVER v. BROAD RIPPLE VILLAGE ASSOCIATION et al

Filing 37

ORDER: On January 15, 2015, Plaintiff filed a Second Amended Complaint in this action. [Filing No. 24]. That pleading asserts claims against multiple defendants, including Defendant Latitude 39 Group , LLC ("Latitude"). On February 17, 2015, Joshua Cossey attempted to file an Answer to Plaintiff's Amended Complaint, [Filing No. 19], which is no longer the operative complaint in this litig ation. Mr. Cossey has not entered an appearance on behalf of Latitude, and it is unclear if he is a licensed attorney. The Court STRIKES Latitude's Answer. [Filing No. 35.] If Mr. Cossey is an attorney lice nsed to practice before this Court, he should file a Notice of Appearance on behalf of Latitude and then file an Answer to the Second Amended Complaint, [Filing No. 24], on Latitude's behalf. If Mr . Cossey is an attorney but is not a member of the bar of this Court, he should move for pro hac vice admission on behalf of Latitude pursuant Local Rule 83-6 if he meets the requirements to do so (see Order for additional information). Copy to Joshua A. Cossey via US Mail. Signed by Judge Jane Magnus-Stinson on 2/19/2015.(SWM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
MICHAEL TOLIVER,
Plaintiff,
vs.
BROAD RIPPLE VILLAGE ASSOCIATION,
INDIANAPOLIS METROPOLITAN POLICE
DEPARTMENT,
INDIANAPOLIS DEPARTMENT OF
PUBLIC SAFETY - DIVISION OF
HOMELAND SECURITY,
TRI ENTERTAINMENT CORPORATION
doing business as LANDSHARKS,
NYX NIGHTCLUB,
LATITUDE 39 GROUP, LLC,
CITY OF INDIANAPOLIS,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

No. 1:14-cv-01840-JMS-DML

ORDER
On January 15, 2015, Plaintiff filed a Second Amended Complaint in this action. [Filing
No. 24]. That pleading asserts claims against multiple defendants, including Defendant Latitude
39 Group, LLC (“Latitude”). On February 17, 2015, Joshua Cossey attempted to file an Answer
to Plaintiff’s Amended Complaint, [Filing No. 19], which is no longer the operative complaint in
this litigation. Mr. Cossey has not entered an appearance on behalf of Latitude, and it is unclear if
he is a licensed attorney.1 [Filing No. 35 at 6 (identifying him as “General Counsel & Senior VP”

1

Mr. Cossey signs the pleading on behalf of “Latitude 360, Inc.”, not “Latitude 39 Group, LLC”—
the defendant named in the Second Amended Complaint. [Filing No. 35 at 6.] If Mr. Cossey is a
licensed attorney and later properly appears on behalf of Latitude, he should consult with
Plaintiff’s counsel to see if they can agree on Latitude’s legal name for purposes of this lawsuit.
If they agree that Latitude’s name as it currently appears on the docket should be modified, they
should file a Joint Notice of Party Name Change.

but with no attorney number of state of licensure]; see Local Rule 83-5 (Bar Admission
requirement). Latitude cannot litigate on its own behalf. See United States v. Hagerman, 545 F.3d
579, 581-82 (7th Cir. 2008) (holding that limited liability companies, like corporations, cannot
represent themselves pro se in litigation).
For these reasons, the Court STRIKES Latitude’s Answer. [Filing No. 35.] If Mr. Cossey
is an attorney licensed to practice before this Court, he should file a Notice of Appearance on
behalf of Latitude and then file an Answer to the Second Amended Complaint, [Filing No. 24], on
Latitude’s behalf. If Mr. Cossey is an attorney but is not a member of the bar of this Court, he
should move for pro hac vice admission on behalf of Latitude pursuant to Local Rule 83-6 if he
meets the requirements to do so.
02/19/2015

Distribution via US Mail:
Joshua A. Cossey
6022 San Jose Blvd.
Jacksonville, FL 32246
Electronic Distribution via CM/ECF:
Michael S. Walsh
[e-mail]
Peter G Gundy
[e-mail]
Lauren Elizabeth Berger
BIESECKER DUTKANYCH & MACER LLC
[e-mail]

Andrew Dutkanych, III
BIESECKER DUTKANYCH & MACER LLC
[e-mail]
Erin A. Clancy
KIGHTLINGER & GRAY
[e-mail]
R. Eric Sanders
KIGHTLINGER & GRAY
[e-mail]
Richard Alan Young
KIGHTLINGER & GRAY
[e-mail]
Andrew J. Upchurch
OFFICE OF CORPORATION COUNSEL
[e-mail]
Beth Ann Garrison
OFFICE OF CORPORATION COUNSEL
[e-mail]
Amanda J. Dinges
OFFICE OF CORPORATION COUNSEL
[e-mail]