Bryant et al v. Engineering Services & Products Co

Filing 46

AMENDED ORDER - granting 42 MOTION to Withdraw as Attorneys filed by Robert E Bryant, Hoop Beef System, LLC. Attorneys Edmund J Sease; Jeffrey D Harty and Janet E Phipps-Burkhead terminated. The plaintiff Hoop Beef System, LLC is ordered to have an other attorney enter an appearance on its behalf by 3/8/2010, or the plaintiff will be required to show cause why is should not be dismissed from the case. The discovery deadline is extended to 05/05/2010. Signed by Chief Magistrate Judge Paul A Zoss on 02/24/2010. (src) Mailed to 2 pro se plaintiffs as they currently do not have counsel.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA WESTERN DIVISION ROBERT E. BRYANT and HOOP BEEF SYSTEM, LLC, Plaintiffs, vs. ENGINEERING SERVICES & PRODUCTS CO. dba FARMTEK, Defendant. ____________________ This matter is before the court on the motion of the plaintiffs' attorneys to withdraw from this case. (Doc. No. 42) The court held a hearing on the motion on February 24, 2010. Appearances for the plaintiffs included Robert E. Bryant; Brent Bryant as Appearances for the defendant included John C. Linderman and representative of Hoop Beef System, LLC; and attorneys Edmund J. Sease and Janet E. Phipps-Burkhead. Richard J. Twilley. Having considered the motion and the parties' statements during the hearing, the motion (Doc. No. 42) is granted. The plaintiffs' current attorneys are withdrawn from the case. The plaintiff Hoop Beef System, LLC is ordered to have another attorney enter an appearance on its behalf by March 8, 2010, or the plaintiff will be required to show cause why it should not be dismissed from the case. See Rowland v California Men's Colony, 506 U.S. 194, 201-02, 113 S. Ct. 716, 721, 121 L. Ed. 2d 656 (1993) ( "It has been the law for the better part of two centuries . . . that a corporation may appear in the federal courts only through licensed counsel. . . . As the courts have recognized, the rationale for that rule applies equally to all artificial entities.") (citing numerous cases from 1824 to the No. C09-4006-MWB AMENDED ORDER

present); Carr Enterprises, Inc. v. United States, 698 F.2d 952, 953 (8th Cir. 1983) ("While 28 U.S.C. § 1654 protects parties' rights to plead and conduct their own cases, that right has never been interpreted to allow an individual to appear for a corporation pro se."). The discovery deadline is extended to May 5, 2010. By April 5, 2010, the plaintiffs must (1) produce any rebuttal expert report they intend to use in the case; (2) respond to all outstanding discovery requests; and (3) make any desired designations regarding confidentiality of the deposition testimony of Robert Bryant and Brent Bryant, individually or as representatives of Hoop Beef System, LLC. IT IS SO ORDERED. DATED this 24th day of February, 2010.

PAUL A. ZOSS CHIEF MAGISTRATE JUDGE UNITED STATES DISTRICT COURT

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