SSM Managed Care Organization, L.L.C. v. Comprehensive Behavioral Care, Inc.

Filing 47

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that attorneys Nicole Galli, Stephen Ferguson, and Jordan Ault's motions for leave to withdraw as counsel of record for defendant Comprehensive Behavioral Care, Inc. are GRANTED. [Docs. 35, 36, an d 37] IT IS FURTHER ORDERED that attorneys Nicole Galli and Stephen Ferguson and the law firm of Benesch and Friedlander, LLP and attorney Jordan Ault and the law firm Husch Blackwell, LLP are granted leave to withdraw from the representation of defendant Comprehensive Behavioral Care, Inc. in this matter. IT IS FURTHER ORDERED that within twenty (20) days of this Memorandum and Order, plaintiff shall file separate motions to strike defendant Comprehensive Behavioral Care, Inc. 9;s pleadings, for clerk's entry of default and, if appropriate, for default judgment, along with all necessary supporting documentation and proposed order (s). IT IS FURTHER ORDERED that the Clerk of Court shall mail a copy of this Memorandum and Order to defendant Comprehensive Behavioral Care, Inc., c/o Clark A. Marcus, 3405 W. Dr. Martin Luther King Jr. Blvd., Suite 101, Tampa, Florida 33607. Signed by District Judge Charles A. Shaw on 1/16/2014. (NCL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

SSM MANAGED CARE ORGANIZATION, )
L.L.C.,
)
)
Plaintiff,
)
)
v.
)
)
COMPREHENSIVE BEHAVIORAL CARE, )
INC.,
)
)
Defendant.
)

No. 4:12-CV-2386 CAS

MEMORANDUM AND ORDER
This matter is before the Court on counsel for defendant Comprehensive Behavioral Care
Inc.’s motions for leave to withdraw. For the following reasons, the motions will be granted.
Withdrawal of Defense Counsel
On December 5, 2013, the Court held a hearing on defense counsel’s motions to withdraw.
The motions were unopposed. The Court held defense counsel’s motions for leave to withdraw in
abeyance and imposed a notice of withdrawal period until January 6, 2014. See Doc. 44. The Court
ordered defendant Comprehensive Behavioral Care, Inc. to obtain substitute counsel no later than
January 6, 2014. The Court also stated that defense counsel would be allowed to withdraw on
January 6, 2014, or upon the entry of substitute counsel. Because defendant has not obtained
substitute counsel by the deadline imposed, and has received adequate notice that the Court would
permit its attorneys to withdraw from representation in this matter, the Court will grant defense
counsel’s motions to withdraw from representation of the defendant in this matter.

Default by Corporate Defendant
A corporation is an artificial entity that can only act through agents, cannot appear pro se,
and must be represented by counsel. Rowland v. California Men’s Colony, 506 U.S. 194, 201-02
(1993). “Entry of a default judgment is appropriate where a defendant corporation fails to comply
with a court order to obtain counsel.” Woods v. KC Masterpiece, No. 4:04-CV-936 CAS, slip op.
at 1 (E.D. Mo. May 14, 2006) (quoting R. Maganlal & Co. v. M.G. Chem. Co., Inc., No. 88 CIV.
4896 MJL THK, 1996 WL 715526 at *2 (S.D.N.Y. Dec. 12, 1996)); see Top Sales, Inc. v. Designer
Vans, Inc., No. CIV.A. 3:96-CV-0721, 1997 WL 786254 at *2 (N.D. Tex. Dec. 11, 1997) (court
grants counsel’s motion to withdraw and orders defendant corporation to retain substitute counsel
or risk having its pleadings stricken and default judgment entered against it).
In the Memorandum and Order of December 5, 2013, the Court informed defendant that
default judgment may be entered against it if defendant failed to obtain substitute counsel. As stated
above, defendant has not obtained substitute counsel, and the Court has permitted former defense
counsel to withdraw. Therefore, the Court will order plaintiff to file motions to strike defendant’s
pleadings, for clerk’s entry of default and, if appropriate, for default judgment, within twenty days
of the date of this order.
Accordingly,
IT IS HEREBY ORDERED that attorneys Nicole Galli, Stephen Ferguson, and Jordan
Ault’s motions for leave to withdraw as counsel of record for defendant Comprehensive Behavioral
Care, Inc. are GRANTED. [Docs. 35, 36, and 37]
IT IS FURTHER ORDERED that attorneys Nicole Galli and Stephen Ferguson and the
law firm of Benesch and Friedlander, LLP and attorney Jordan Ault and the law firm Husch

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Blackwell, LLP are granted leave to withdraw from the representation of defendant Comprehensive
Behavioral Care, Inc. in this matter.
IT IS FURTHER ORDERED that within twenty (20) days of this Memorandum and Order,
plaintiff shall file separate motions to strike defendant Comprehensive Behavioral Care, Inc.’s
pleadings, for clerk’s entry of default and, if appropriate, for default judgment, along with all
necessary supporting documentation and proposed order(s).
IT IS FURTHER ORDERED that the Clerk of Court shall mail a copy of this
Memorandum and Order to defendant Comprehensive Behavioral Care, Inc., c/o Clark A. Marcus,
3405 W. Dr. Martin Luther King Jr. Blvd., Suite 101, Tampa, Florida 33607.

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this 16th day of January, 2014.

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