Keller v. Georgia Check Recovery, Inc.

Filing 12

ORDER that the defendant Georgia Check Recovery, Inc. shall have to on or before 5/29/09 to withdraw the motion to dismiss 6 and file an answer, or in the alternative, to file an amended motion and brief, as necessary. The plaintiff shall have to on or before 6/22/09 to respond to the motion to dismiss. The defendant shall have five business days thereafter, to file a reply. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA ALEXIS KELLER, Plaintiff, vs. GEORGIA CHECK RECOVERY, INC., Defendant. ) ) ) ) ) ) ) ) )

8:09CV92 ORDER

This matter is before the court after an appearance by counsel for the defendant. See Filing No. 10. On April 13, 2009, Stephanie Fuller, the president of the defendant corporation, filed a motion to dismiss. See Filing No. 6. The defendant did not file a brief in support of the motion. The defendant did not have legal counsel at that time. Because a corporation may not proceed without representation by licensed legal counsel, the court held the motion to dismiss in abeyance to allow the defendant an opportunity to secure legal counsel. The defendant complied with the court's order. Under the circumstances, the defendant will have additional time to comply with the local rules regarding the filing of motions. See NECivR 7.0.1. Additionally, the defendant has leave to amend the motion to dismiss or withdraw it, as necessary. Accordingly,

IT IS ORDERED: 1. The defendant Georgia Check Recovery, Inc. shall have to on or before May

29, 2009, to withdraw the motion to dismiss and file an answer, or in the alternative, to file an amended motion and brief, as necessary. 2. The plaintiff shall have to on or before June 22, 2009, to respond to the

motion to dismiss. The defendant shall have five business days thereafter, to file a reply. DATED this 15th day of May, 2009. BY THE COURT: s/Thomas D. Thalken United States Magistrate Judge