Greater St. Louis Construction Laborers Welfare Fund et al v. Gaehle Grading, LLC

Filing 7

MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Plaintiffs' Motion to Strike Answer Filed by a Non-Attorney Individual [ECF No. 6 ] is GRANTED. IT IS FURTHER ORDERED that Defendant Gaehle Grading, LLC is granted up to and until October 17, 2014, in which to have a licensed attorney enter an appearance on its behalf. Failure to comply with this directive may result in the Court entering a default judgment as to Defendant Gaehle Grading, LLC. Signed by District Judge E. Richard Webber on 09/12/2014. (Memorandum & Order sent to Gaehle Grading, LLC at address used for service.)(CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

GREATER ST. LOUIS CONSTRUCTION
LABORERS WELFARE FUND, et al.,

Plaintiffs,
vs.
GAEHLE GRADING, LLC,
Defendant.

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Case No. 4:14CV00941 ERW

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs’ Motion to Strike Answer Filed by a NonAttorney Individual. [ECF No. 6]. On August 21, 2014, Dennis Gaehle, a managing member of
Defendant Gaehle Grading, LLC, filed a pro se Answer in this matter on behalf of Defendant
Gaehle Grading, LLC [ECF No. 5]. Defendant Gaehle Grading, LLC a business association,
appears to be proceeding without the benefit of licensed counsel. Upon consideration, the Court
will grant Plaintiffs’ Motion to Strike, as a limited liability company is an artificial entity that can
only act through agents, and therefore must be represented by legal counsel. See Rowland v. Cal.
Men’s Colony, 506 U.S. 194, 202-03 (1993); Ackra Direct Mktg. Corp. v. Fingerhut Corp., 86
F.3d 852, 857 (8th Cir. 1996). The Court will grant Defendant Gaehle Grading, LLC leave up to
and until October 17, 2014, to obtain counsel and to have an attorney enter an appearance on its
behalf.
Accordingly,

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IT IS HEREBY ORDERED that Plaintiffs’ Motion to Strike Answer Filed by a NonAttorney Individual [ECF No. 6] is GRANTED.
IT IS FURTHER ORDERED that Defendant Gaehle Grading, LLC is granted up to and
until October 17, 2014, in which to have a licensed attorney enter an appearance on its behalf.
Failure to comply with this directive may result in the Court entering a default judgment as to
Defendant Gaehle Grading, LLC.
So Ordered this12th day of September, 2014.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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