Genoa National Bank v. Odette et al

Filing 39

ORDER - Robert A. Martin and Kenneth W. Wasserman of Norton, Wasserman, Jones& Kelly, L.L.C.'s motion to withdraw as counsel for the defendant Ronald V. Odette Family Limited Partnership (Filing No. 38 ) is held in abeyance until June 28, 2011 . The defendant Ronald V. Odette Family Limited Partnership shall have until on or before June 28, 2011, to file a response to the motion to withdraw with the Clerk of Court. If no response is received or if substitute counsel has entered an appeara nce by that date, the motion to withdraw will be granted. Moving counsel shall immediately serve a copy of this order on the defendant Ronald V. Odette Family Limited Partnership and file a certificate of service therefore. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed/e-mailed to pro se party) (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GENOA NATIONAL BANK,
Plaintiff,
vs.
RONALD V. ODETTE and
RONALD V. ODETTE FAMILY
LIMITED PARTNERSHIP,
Defendants.

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8:10CV438
ORDER

This matter is before the court on the motion of Robert A. Martin and Kenneth W.
Wasserman of Norton, Wasserman, Jones & Kelly, L.L.C., to withdraw as counsel for the
defendant Ronald V. Odette Family Limited Partnership (Filing No. 38). The movants state
they seek withdrawal “for professional reasons and at the specific request of their client.”
See Filing No. 38. Moving counsel served their client with the pending motion. Id. The
court notes no substitute counsel has yet appeared in this matter for the defendant Ronald
V. Odette Family Limited Partnership.
Parties who are not natural persons may not appear pro se. Rowland v. California
Men’s Colony, 506 U.S. 194, 203 (1993). Moreover, courts “have uniformly held that 28
U.S.C. § 1654, providing that ‘parties may plead and conduct their own cases personally
or by counsel,’ does not allow corporations, partnerships, or associations to appear in
federal court otherwise than through a licensed attorney.” Id. at 202. “Corporations and
partnerships, both of which are fictional legal persons, obviously cannot appear for
themselves personally. With regard to these two types of business associations, the long
standing and consistent court interpretation of [28 U.S.C. § 1654] is that they must be
represented by licensed counsel.” Turner v. American Bar Ass’n, 407 F. Supp. 451, 476
(E.D. Tex. 1975); see Harrison v. Wahatoyas, LLC, 253 F.3d 552, 556 (10th Cir. 2001)
(“As a general matter, a corporation or other business entity can only appear in court
through an attorney and not through a non-attorney corporate officer appearing pro se”);
Eagle Assocs. v. Bank of Montreal, 926 F.2d 1305, 1308 (2d Cir. 1991); see also DCR

Fund I, LLC v. TS Family Ltd. Partnership, 261 Fed. Appx. 139 (10th Cir. 2008); First
Amendment Foundation v. Village of Brookfield, 575 F. Supp. 1207, 1207 (N.D. Ill.
1983) (partnership must be represented by attorney admitted to practice).

In fact,

according to the Eighth Circuit, a corporation or other business entity is technically in
default as of the date its counsel is permitted to withdraw from the case without substitute
counsel appearing. Ackra Direct Mktg. Corp. v. Fingerhut Corp., 86 F.3d 852, 857 (8th
Cir. 1996).
As an initial matter, Ronald V. Odette Family Limited Partnership shall have an
opportunity to respond to the motion to withdraw. If Ronald V. Odette Family Limited
Partnership fails to respond or obtains substitute counsel, the court will grant the motion
to withdraw. In the event the motion to withdraw is granted, failure to have substitute
counsel enter an appearance may result in an order striking the answer. See Fed. R. Civ.
P. 55. However, counsel shall not be given leave to withdraw as attorneys for Ronald V.
Odette Family Limited Partnership until substitute counsel has entered an appearance or
other order of the court. Accordingly,

IT IS ORDERED:
1.

Robert A. Martin and Kenneth W. Wasserman of Norton, Wasserman, Jones

& Kelly, L.L.C.’s motion to withdraw as counsel for the defendant Ronald V. Odette Family
Limited Partnership (Filing No. 38) is held in abeyance until June 28, 2011.
2.

The defendant Ronald V. Odette Family Limited Partnership shall have until

on or before June 28, 2011, to file a response to the motion to withdraw with the Clerk of
Court. If no response is received or if substitute counsel has entered an appearance by
that date, the motion to withdraw will be granted.
3.

Moving counsel shall immediately serve a copy of this order on the defendant

Ronald V. Odette Family Limited Partnership and file a certificate of service therefore.
DATED this 27th day of May, 2011.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge
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