Cosmos Granite (Central) LLC v. River City Granite & Stone Works LLC et al

Filing 71

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motion to withdraw as counsel for Plaintiff Cosmos Granite (Central), LLC [ECF 66 ] is GRANTED. IT IS FURTHER ORDERED that plaintiff's pleadings are stricken and its complaint against all defendants is DISMISSED without prejudice pursuant to Rule 41(b), Fed. R. Civ. P. Signed by District Judge Catherine D. Perry on 12/13/2019. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
COSMOS GRANITE (CENTRAL),
LLC,
Plaintiff,
v.
RIVER CITY GRANITE & STONE
WORKS, LLC, et al.,
Defendants.

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Case No. 4:18 CV 1002 CDP

MEMORANDUM AND ORDER
Pending before the Court is a motion to withdraw as counsel for plaintiff
Cosmos Granite (Central), LLC, filed by Joseph J. Trad, Justin M. Ladendorf, and
the law firm of Lewis Rice LLC. Pursuant to the Court’s order [ECF 67], a
hearing on the motion was held on December 13, 2019. For the reasons stated on
record at the hearing, I will grant counsel’s motion to withdraw.
Because Cosmos is an LLC, it cannot represent itself and must be
represented by counsel. See Carr Enterprises, Inc. v. United States, 698 F.2d 952,
953 (8th Cir. 1983) (“It is settled law that a corporation may be represented only
by licensed counsel.”); DZ Bank AG v. Radoncic Servs., LLC, 2010 WL 2349094,
at *1 (W.D. Mo. June 8, 2010) (same for LLCs). Cosmos will no longer be
represented by counsel upon granting of the instant motion to withdraw, and

Cosmos has not substituted counsel. Accordingly, because Cosmos cannot
continue to prosecute the case as a matter of law, its pleadings will be stricken and
its complaint will be dismissed without prejudice.
Accordingly,
IT IS HEREBY ORDERED that the motion to withdraw as counsel for
Plaintiff Cosmos Granite (Central), LLC [ECF 66] is GRANTED.
IT IS FURTHER ORDERED that plaintiff’s pleadings are stricken and its
complaint against all defendants is DISMISSED without prejudice pursuant to
Rule 41(b), Fed. R. Civ. P.

___________________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 13th day of December, 2019.

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