Moralez v. Moore et al

Filing 64

ORDER re: 27 Answer to Complaint filed by Sheridan Surveying PC--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ABELARDO MORALEZ,
Case No. 2:17-cv-10567
District Judge Laurie J. Michelson
Magistrate Judge Anthony P. Patti

Plaintiff,
v.

MICHAEL SHANNON MOORE,
THOMAS WILSON, AMANDA RISKA,
ROBERT D. MOORE, JASON GANZHORN,
RICHARD MICHAEL KLIMMER,
GERALD WHALEN, GLENN J. PAGE,
PATRICK BURTCH, JENNY MORRIS,
SHERIDAN SURVEYING, P.C.,
THOMAS TINKLEPAUGH, and
ADAM BROOKER,
Defendants.
__________________________/
ORDER REGARDING DEFENDANT SHERIDAN SURVEYING, P.C.’S
APRIL 20, 2017 LETTER (DE 27) and DIRECTING DEFENDANT
SHERIDAN SURVEYING, P.C. TO ENTER AN APPEARANCE OF
COUNSEL
Plaintiff filed this lawsuit in pro per on February 21, 2017 against several
defendants, including Sheridan Surveying, P.C.

(DE 1 at 1.)

It seems that

Defendant Sheridan Surveying is mentioned within Count III, Count V and a
section of the complaint labeled, “1983 federal litigated damages[,]” and that the
claims against it concern the alleged loss of land associated with a survey
performed on the property line between 723 Page Ave., Jackson, MI (the location

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of Moorski’s Pub) and 729 Page Ave., MI (Plaintiff’s residence). (DE 1 at 7, 10,
21.)
By a letter dated April 14, 2017, filed on April 20, 2017, and signed by its
president (David Erickson), Defendant Sheridan Surveying has asked this Court to
dismiss Plaintiff’s case against it as frivolous and unsubstantiated. (DE 27.) This
is problematic, as the Court has no reason to believe that Mr. Erickson is an
attorney and a corporation cannot appear on its own behalf. “The rule of this
circuit is that a corporation cannot appear in federal court except through an
attorney.” Doherty v. Am. Motors Corp., 728 F.2d 334, 340 (6th Cir. 1984) (citing
Ginger v. Cohn, 426 F.2d 1385, 1386 (6th Cir.1970); United States v. 9.19 Acres of
Land, 416 F.2d 1244, 1245 (6th Cir.1969)).
Meanwhile, on June 13, 2017, this Court entered an order which, in part,
noticed a status / scheduling conference for June 21, 2017. (DE 50.) On that date,
Plaintiff appeared, as did the following defense attorneys: Brendon R. Beer (for
Michael Shannon Moore and Robert D. Moore); Rhonda R. Stowers (for
Ganzhorn, Klimmer, Burtch, Morris, Tinklepaugh and Brooker); Jason A. Geissler
(for Whalen); and Elizabeth R. Husa Briggs (for Page).

Defendant Sheridan

Surveying, P.C. did not appear. Through a mistake by the Court, it appears that
Defendant Sheridan Surveying did not receive notice of this hearing.

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In any event, by receipt of this order, a copy of which will be mailed to
Defendant Sheridan Surveying, P.C. at 910 Fifth Street, Michigan Center, MI
49254, this Defendant is notified that it may not appear in this Court “except
through an attorney.” Doherty, 728 F.2d at 340. As such, Defendant Sheridan
Surveying is DIRECTED to enter an appearance of counsel on its behalf.
Otherwise, it risks entry of default or default judgment against it. Fed. R. Civ. P.
55.
IT IS SO ORDERED.
Dated: June 22, 2017

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

Certificate of Service
I hereby certify that a copy of the foregoing document was sent to parties of record
on June 22, 2017, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti 

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