J. Edward Kloian Foundation v. Goodrich et al

Filing 17

ORDER DISMISSING Plaintiff's Cause of Action Without Prejudice. Signed by District Judge Denise Page Hood. (LSau) Modified on 2/1/2017 (LSau).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THE J. EDWARD KLOIAN
FOUNDATION,
Plaintiff,
v.

Case No. 16-cv-13431
Hon. Denise Page Hood

VIRGINIA GOODRICH and
JOHN GOODRICH,
Defendants.
_______________________________/
ORDER DISMISSING PLAINTIFF’S
CAUSE OF ACTION WITHOUT PREJUDICE
On September 22, 2016, Cummings, McClorey, Davis & Acho, P.L.C., by
Linda Davis Friedland (“Plaintiff’s counsel”), filed the instant cause of action on
behalf of the J. Edward Kloian Foundation (the “Foundation”). On November 18,
2016, Plaintiff’s counsel filed a motion for leave to withdraw as counsel for
Plaintiff. The Court held a hearing on that motion on December 7, 2016. J.
Edward Kloian, the president of the Foundation, appeared at the hearing and
expressed no objection to Plaintiff’s counsel’s motion.
As neither Mr. Kloian nor Defendants objected to the motion filed by
Plaintiff’s counsel, the Court granted Plaintiff’s counsel’s motion and removed
Plaintiff’s counsel as counsel for the Foundation. In addition to granting Plaintiff’s
counsel’s motion to withdraw as counsel, the Court ORDERED that:
1.

Plaintiff [the Foundation] shall proceed in pro se at
this time; and

2.

Plaintiff intends to, and shall attempt to, obtain
replacement counsel within thirty days of the date
of filing of this Order; and

3.

If no appearance by counsel for Plaintiff is filed
with the Court, together with a response to – or
other filing regarding -- Defendants’ pending
Motion to Dismiss, Plaintiff shall appear in court
for the hearing on the Motion to Dismiss,
scheduled for a hearing on February 1, 201[7] at
2:30 P.M.; and

4.

Failure to file appearances or appear as ordered
herein may result in involuntary dismissal of this
action pursuant to F.R.Civ.P. 41(b).

Since the entry of the Order granting Plaintiff’s counsel’s motion to withdraw on
December 8, 2016, no appearance has been filed on behalf of the Foundation.
In reviewing the Complaint in conjunction with a Motion to Dismiss filed by
Defendants, the Court noted that the plaintiff (the Foundation) is not an individual
but is instead a nonprofit, tax-exempt charity. Although an individual party may
proceed in pro se on his or her own claim, only licensed attorneys may represent
corporations in federal court. 28 U.S.C. § 1654; United States v. 9.19 Acres of
Land, More or Less, in Marquette County, Michigan, 416 F.2d 1244, 1245 (6th
Cir. 1969).

A corporate president (such as Mr. Kloian), officer, agent, or

shareholder may not represent a corporation before a federal court. 9.19 Acres of
Land, 416 F.2d at 1245; Nat’l Labor Relations Board v. Consol. Food Servs., Inc.,
81 F. App’x 13 n.1 (6th Cir. 2003) (citations omitted). The rule applies to all other
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artificial entities, such as partnerships, unincorporated associations, and trusts. See
Rowland v. California Men’s Colony, 506 U.S. 194, 202 (1993); Dimercurio v.
Comm’r of Internal Revenue, No. 08-1378, 2008 WL 5784519 (6th Cir. June 16,
2008). If no attorney files an appearance on behalf of a plaintiff entity, the
complaint may be dismissed without prejudice. Cheung v. Youth Orchestra
Foundation of Buffalo, Inc., 906 F.2d 59, 62 (2d Cir. 1990).
The Foundation is not an individual, and the Court finds that the Foundation
must be represented by an attorney to proceed before this Court. No attorney has
filed an appearance on behalf of the Foundation, even though nearly two months
have passed since the December 7, 2016 hearing.

The Court concludes that

dismissal of the Foundation’s cause of action, without prejudice, is warranted and
necessary at this time. In the event the Foundation obtains legal counsel, that legal
counsel may re-file the Foundation’s cause of action.
For the reasons stated above,
IT IS ORDERED that the instant cause of action is DISMISSED WITHOUT
PREJUDICE. Judgment shall be entered accordingly.
IT IS ORDERED.
S/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court
Dated: January 31, 2017
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I hereby certify that a copy of the foregoing document was served upon counsel of
record on January 31, 2017, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

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