Osborne v. C&D Complete Business Solutions, Inc.

Filing 14

ORDER on Motion to Withdraw with instructions to corporate Defendant and STAYING CASE until 11/30/11 to allow corporate Defendant to retain counsel as required. Signed by Magistrate Judge Kenneth G. Gale on 10/31/2011.Mailed to pro se party Kyle Cummings c/o C&D Complete Business Solutions by certified mail. (df)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JOSEPH OSBORNE,

)
)
Plaintiffs, )
)
vs.
)
)
C&D COMPLETE BUSINESS
)
SOLUTIONS, INC.,
)
)
Defendants. )
)

Case No. 11-2335-JWL-KGG

ORDER
The requirements of D. Kan. Rule 83.5.5 having been met, the Motion
to Withdraw as Counsel (Doc. 11) filed by Attorney Richard C. Wallace and
the law firm of Evans & Mullinix, P.A. is hereby GRANTED.
Attorney Wallace (and his law firm, Evans & Mullinix) has
represented the corporate Defendant C&D Complete Business Solutions,
Inc. With Defendants’ counsel of record now having been allowed to
withdraw, the Defendant corporation has no attorney representing it 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 November 30,
2011, to allow Defendant 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 Defendant
C&D Complete Business Solutions, Inc. by certified mail, return receipt
requested.
IT IS SO ORDERED.
Dated this 31st day of October, 2011, at Wichita, Kansas.
S/ KENNETH G. GALE

KENNETH G. GALE
U.S. MAGISTRATE JUDGE

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