Cooper et al v. Regent Asset Management Solutions - Kansas, LLC et al

Filing 24

MEMORANDUM AND ORDER granting 21 Motion to Withdraw as Attorney. This case is hereby STAYED until September 6, 2011, to allow the corporate Defendants an opportunity to obtain counsel to appear of record on their behalf as required by law. Signed by Magistrate Judge Kenneth G. Gale on 8/3/2011. Mailed to pro se party Regent Asset Management Solutions Kansas, LLC, Regent Asset Management Solutions North America, LLC, and Regent Asset Management Solutions, Inc. (7002 2030 0000 9348 2570), Michael Scata (7002 2030 0000 9348 2563), and Matt Duprey (7002 2030 0000 9348 2587) by certified mail. (df)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
CHLOE COOPER, et al.,

)
)
Plaintiffs, )
)
vs.
)
)
REGENT ASSET MANAGEMENT )
SOLUTIONS–KANSAS, LLC, et al., )
)
Defendants. )
)

Case No. 10-2634-JAR-KGG

ORDER
The requirements of D. Kan. Rule 83.5.5 having been met, the Motion
to Withdraw as Counsel (Doc. 21) filed by Attorneys James C. Sullivan,
Robert J. Hingula, and the law firm of Polsinelli Shugart, PC is hereby
GRANTED.
Attorneys Sullivan and Hingula (and their law firm, Polsinelli
Shugart) have represented the corporate Defendants Regent Asset
Management Solutions – Kansas, LLC, Regent Asset Management Solutions
North America, LLC, Regent Asset Management Solutions, Inc., Michael
Scata, and Matt Duprey. With Defendants’ counsel of record now having
been allowed to withdraw, the Defendant corporations have no attorney
representing them in this case. It is well-established in this circuit that a
corporation or partnership may only appear in a court by a licensed attorney.

Flora Constr. Co. v. Fireman’s Fund Ins. Co., 307 F.2d 413, 414, 414 n.1
(10th Cir. 1962) (citing a score of cases in support of this proposition); Nato
Indian Nation v. Utah, No. 02-4062, 2003 WL 21872551, at *1 (10th Cir.
Aug. 8, 2003); cf. Harrison v. Wahatoyas, L.L.C., 253 F.3d 552, 556 (10th
Cir. 2001) (reiterating the general rule in the circuit, but holding that a notice
of appeal may be signed by a corporate officer as long as a lawyer
“promptly” enters a formal appearance on behalf of the corporate entity).
Further proceedings in this case are hereby stayed until September 6,
2011, to allow Defendants an opportunity to obtain counsel to appear of record
on their behalf.
The Clerk of the Court shall send a copy of this Order to Defendants
Regent Asset Management Solutions – Kansas, LLC, Regent Asset
Management Solutions North America, LLC, Regent Asset Management
Solutions, Inc., Michael Scata, and Matt Duprey, by certified mail, return
receipt requested.
IT IS SO ORDERED
Dated this 3rd day of August, 2011, at Wichita, Kansas.
S/ KENNETH G. GALE

KENNETH G. GALE
U.S. MAGISTRATE JUDGE

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