Michigan Bricklayers and Allied Craftworkers Health Care Fund et al v. Helms Caulking, Inc. et al

Filing 104

MEMORANDUM OPINION AND ORDER rejecting and striking from the record the letter by Mr. Dan Helms filed on May 25, 2012 (Dkt. No. 88) ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHIGAN BRICKLAYERS AND ALLIED
CRAFTWORKERS HEALTH CARE FUND,
TRUSTEES OF; MICHIGAN BRICKLAYERS
AND ALLIED CRAFTWORKERS PENSION
FUND, TR USTEES OF; M ICHIGAN
BRICKLAYERS
AND
ALLIED
CRAFTWORKERS APPRENTICESHIP AND
TRAINING FUND, TRUSTEES OF; BAC 9MCE COOPERATION AND EDUCATION
TRUST
FUND, TRUSTEES
OF;
BRICKLAYERS AND TROWEL TRADES
INTERNATIO N A L PEN SION FUND,
TRUSTEES OF; INTERNATIONAL MASONRY
INSTITUTE,
TRUSTEES
OF;
INTERNATIONAL UNION OF BRICKLAYERS
AND ALLIED CRAFTWORKERS, AFL-CIO;
and INTERNATIONAL UNION OF
BRICKLAYERS
AND
ALLIED
CRAFTWORKERS, LOCAL 9, AFL-CIO,
Plaintiffs,
CASE NO. 1:11-cv-629
v.
HON. ROBERT HOLMES BELL
HELMS CAULKING, INC., a Michigan
Corporation, and DANIEL HELMS, an individual,
jointly and severally,

Defendants.
________________________________________/
MEMORANDUM OPINION AND ORDER
On May 25, 2012, Mr. Dan Helms, President of Helms Caulking. Inc., submitted a
letter to the court which, in effect, objects to a writ of garnishment issued to Granger

Construction. (Dkt. No. 88.) This letter is not properly before the court as Mr. Helms does
not have standing to represent Defendant Helms Caulking, Inc. It is well settled that
corporate defendants must be represented by counsel, and that corporate officers may not
appear on behalf of their businesses. Doherty v. Am. Motors Corp., 628 F.2d334, 340 (6th
Cir. 1984); United States v. 9.19 Acres of Land, 416 F.2d 1244 (6th Cir. 1969). Attorney
Peter Bosch is counsel of record for Helms Caulking, Inc., and any objection to issued writs
of garnishment must be made through him or new counsel. Accordingly,
IT IS HEREBY ORDERED that the letter by Mr. Dan Helms filed on May 25, 2012,
(Dkt. No. 88) is REJECTED and STRICKEN from the record.

Dated: June 28, 2012

/s/ Robert Holmes Bell
ROBERT HOLMES BELL
UNITED STATES DISTRICT JUDGE

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