In Re: ClassicStar Mare Lease Litigation MDL No. 1877

Filing 1021

MEMORANDUM OPINION & ORDER: 1) Clerk shall ENTER A DEFAULT as to Dft Privating Consulting Group, Inc.; 2) 861 in 07-353 and 62 in 08-496 Motion to Compel Mediation/Arbitration is DENIED AS MOOT; 3) Clerk shall send a copy of this Memorandum Opinion and Order to Bob Keys. Signed by Judge Joseph M. Hood on 5/13/2009.Associated Cases: 5:07-cv-00353-JMH, 5:08-cv-00496-JMH(SCD)cc: COR,MDL,Bob Keys

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON ) MDL No. 1877 ) ) ) Master File: ) ) Civil Action No. 5:07-cv-353-JMH ) ) ) ) ) ) ) Civil Action No. 5:08-cv-496-JMH ) ) ) ) ) )

IN RE CLASSICSTAR MARE LEASE LITIGATION and PETER FORTENBAUGH et al., Plaintiffs, v. CLASSICSTAR FINANCIAL SERVICES, INC., et al., Defendants.

MEMORANDUM OPINION AND ORDER *** *** *** On April 14, 2009, this Court granted the Motion to Withdraw filed by counsel for Defendant Private Consulting Group, Inc. (hereinafter, "PCG"), and ordered PCG to retain new counsel within twenty days. 75.] [Lexington Civil Action No. 08-496-JMH ,Record No.

Twenty-days expired on Monday, May 4, 2009, and, to date,

there has been no appearance of counsel on behalf of PCG. 28 U.S.C. § 1654 provides that: In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein.

Courts have interpreted this section to provide for two types of representation: . . . that by an attorney admitted to the practice of law by a governmental regulatory body and that by a person representing himself. The statute does not allow for unlicensed laymen to represent anyone else other than themselves. Turner v. American Bar Ass'n, 407 F.Supp. 451, 477 (N.D.Tex.1975). This is to say that only licensed attorneys may practice law on behalf of others. Coleman Advertising, Inc. v. Visionmedia, No.

02-cv-74416, 2003 WL 345368 at *2 (6th Cir. Jan. 31, 2003) (citing Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385-86 (11th Cir.1985); Doherty v. American Motors Corp., 728 F.2d 334, 340 (6th

Cir.1984)). It is well settled that corporations, partnerships, and

associations cannot appear in federal court except through a licensed attorney. Rowland v. California Men's Colony, 506 U.S. Additionally, it is

194, 202 (1993); Doherty, 728 F.2d at 340.

insufficient that the person attempting to represent a business entity is one of its officers. Ginger v. Cohn, 426 F.2d 1385, 1386

(6th Cir. 1970); Moran v. A/C Financial, Inc., No. C-3-05-0071, 2006 WL 2815491, *3 (S.D. Ohio Sept. 28, 2006). Clearly, as a corporation, PCG cannot appear before this Court except through a licensed attorney, and, in the absence of counsel, PCG is in default. Accordingly, IT IS ORDERED:

(1)

that the Clerk shall ENTER A DEFAULT as to Defendant

Private Consulting Group, Inc.; (2) that the Motion to Compel Mediation/Arbitration filed by

Defendant Private Consulting Group, Inc. [Lexington Civil Action No. 07-353-JMH, Record No. 861; Lexington Civil Action No. 08-496JMH, Record No. 62], shall be, and the same hereby is, DENIED AS MOOT; (3) that the Clerk shall send a copy of this Memorandum

Opinion and Order to Bob Keys, Private Consulting Group, Inc., 4650 SW Macadam, Suite 100, Portland, OR 97239. This the 13th day of May, 2009.