White v. Stellar Recovery, Inc.

Filing 16

ORDER granting 15 Amended Motion to Withdraw as Counsel for Defendant Stellar Recovery, Inc. Attorney Joshua C. Dickinson is authorized to withdraw as counsel for Defendant Stellar Recovery, Inc. in this case. All further service upon Stellar Recovery, Inc. shall be sent to 4800 Spring Park Road, Jacksonville, FL 32207. Signed by Magistrate Judge Teresa J. James on 3/16/2018. Mailed to pro se party Stellar Recovery, Inc. by regular mail. (ts)

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

BENJAMIN WHITE,
Plaintiff,
v.
STELLAR RECOVERY, INC.,
Defendant.

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Case No. 17-cv-2476-JWL-TJJ

ORDER AUTHORIZING WITHDRAWAL OF COUNSEL
This matter is before the Court on the Amended Motion to Withdraw as Counsel for
Defendant Stellar Recovery, Inc. (ECF No. 15) filed by attorney Joshua C. Dickinson. Movant
requests that he be allowed to withdraw from this action with respect to the representation of
Defendant Stellar Recovery, Inc. Because this withdrawal would leave Stellar Recovery, Inc.
without counsel, D. Kan. Rule 83.5.5(a) applies. Upon review, the Court hereby finds and orders
as follows:
1.

For the reasons stated in the Amended Motion to Withdraw, good cause exists for

counsel to withdraw, and said withdrawal is permissible under the applicable rules of
professional conduct.
2.

According to the motion, counsel has been directed by Defendant Stellar

Recovery, Inc.to cease representation in this matter immediately. Defendant Stellar Recovery,
Inc. also authorized counsel to state that Stellar Recovery, Inc. has ceased operations.
3.

Counsel has served on Defendant the noticed required by D. Kan. Rule

83.5.5(a)(2), and has submitted sufficient proof that Defendant’s registered agent received the
notice.

4.

From the date of service of this Order upon the parties to this action, no further

notices, papers, or pleadings are to be served upon withdrawing counsel. All further notices,
papers, or pleadings to Defendant Stellar Recovery, Inc. shall be served upon said Defendant at
the following address:
Stellar Recovery, Inc.
4800 Spring Park Road
Jacksonville, FL 32207
Stellar Recovery, Inc.’s last known telephone number is [phone].
5.

Moving counsel is hereby authorized to withdraw as counsel of record for

Defendant Stellar Recovery, Inc. in this case.
6.

Finally, the Court advises Defendant Stellar Recovery, Inc. that business entities,

such as corporations, partnerships, associations, and limited liability companies, cannot appear in
federal court pro se and must be represented by a licensed attorney.1 If Defendant fails to secure
counsel to represent it in this litigation, it may be subject to being found in default and thus
subject to judgment being entered against it.
IT IS THEREFORE ORDERED that the Amended Motion to Withdraw as Counsel for
Defendant Stellar Recovery, Inc. (ECF No. 15) is granted. Joshua C. Dickinson is hereby
withdrawn as counsel of record for Defendant Stellar Recovery, Inc. in this case.
IT IS FURTHER ORDERED that a copy of this Order is to be mailed to Stellar Recovery,
Inc. at the address listed above.
IT IS SO ORDERED.

See Harrison v. Wahatoyas, LLC, 253 F.3d 552, 556 (10th Cir. 2001) (“As a general
matter, a corporation or other business entity can only appear in court through an attorney and
not through a non-attorney corporate officer appearing pro se.”).
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Dated this 16th day of March, 2018 in Kansas City, Kansas .

Teresa J. James
U. S. Magistrate Judge

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