Covenant Medical Center, Inc. d/b/a Covenant Healthcare v. Dynamo, LLC et al

Filing 29

ORDER to Strike 26 MOTION to Change Venue filed by David McPherson. Signed by District Judge Stephen J. Murphy, III. (TTho)

Case 1:21-cv-12232-SJM-PTM ECF No. 29, PageID.168 Filed 05/06/22 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
COVENANT MEDICAL CENTER,
INC.,

Case No. 1:21-cv-12232

Plaintiff,

HONORABLE STEPHEN J. MURPHY, III

v.
DYNAMO, LLC, et al.,
Defendants.
/
ORDER STRIKING FILING [26]
Defendant Dynamo, LLC moved to transfer the dispute to Arizona for
mediation. ECF 26. The motion was signed by David McPherson, another Defendant
in the present case but not a licensed attorney. Id. at 147. Defendant McPherson also
signed a response, on his own behalf and Defendant Dynamo’s behalf, to the Court’s
show cause order. ECF 28.
“It is well established that a corporate defendant must be represented by an
attorney in federal court proceedings and cannot be represented by one of its officers.”
Acker v. Admiralty Dev. Corp., No. 18-cv-10920, 2019 WL 1315237, at *4 (E.D. Mich.
Mar. 22, 2019) (collecting cases). Defendant McPherson is the Manager of Dynamo.
ECF 1-11, PgID 37. Because he is not a licensed attorney, the Court will order the
Clerk of the Court to strike the motion that he filed on Dynamo’s behalf.1 The Court

Because the response to the show cause order, ECF 28, is on both Dynamo and
McPherson’s behalf, the Court will liberally construe the response to the show cause
1

1

Case 1:21-cv-12232-SJM-PTM ECF No. 29, PageID.169 Filed 05/06/22 Page 2 of 2

will not allow Defendant McPherson to represent Dynamo or file motions on
Dynamo’s behalf.
Because Dynamo is unrepresented, the Court will provide Dynamo thirty days
to find counsel before resolving the present motion to vacate, ECF 23. See Acker, 2019
WL 1315237, at *4. If Dynamo does not have counsel make an appearance in thirty
days, the Court will consider Dynamo in default. Id.
WHEREFORE, it is hereby ORDERED that the Clerk of the Court must
STRIKE the motion to transfer the dispute [26].
IT IS FURTHER ORDERED that Counsel for Dynamo, LLC must MAKE
an appearance no later than thirty days from this Order.
SO ORDERED.
s/ Stephen J. Murphy, III
STEPHEN J. MURPHY, III
United States District Judge
Dated: May 6, 2022
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on May 6, 2022, by electronic and/or ordinary mail.
s/ David P. Parker
Case Manager

order as only Defendant McPherson’s response. See Haines v. Kerner, 404 U.S. 519,
520–21 (1972) (per curiam).
2