JD Solar Solutions, LLC v. Trabant Solar, Inc. et al

Filing 29

ORDER LIFTING STAY - The court lifts the stay of this case and orders Trabant Solar, Inc., to have counsel enter an appearance not later than March 3, 2017. If Trabant Solar, Inc. fails to comply with this order, Trabant Solar, Inc. is WARNED that failure to secure counsel might result in the court striking the answer, affirmative defenses, and counterclaim. Signed by Chief Judge James C. Dever III on 2/3/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:16-CV-166-D

JD SOLAR SOLUTIONS, LLC,

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Plaintiffs,

v.

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TRABANT SOLAR, INC., and
ROVSHAN SADE a/k/a ROB SADE,
Defendants.

On September 20, 2016, the

ORDER

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court~denied

counsel's motion to withdraw as counsel for

defendant Trabant Solar, Inc., and notified Trabant Solar, Inc. that it could not appear without
counsel. See [D.E. 22]. On December 9, 2016, the court granted defendants' motion to stay the case
and to allow Robert H. Merritt, Jr., and Jeffrey D. McKinney, of the law firm of Bailey & Dixon,
LLP, to withdraw as counsel for defendants Trabant Solar, Inc., and Rovshan Sade. See [D.E. 28].
The December 9, 2016, ord~r stayed the case ''until the earlier of (i) a period of thirty (30)
days; or (ii) such time as new counsel for Trabant enters an appearance ...." See id. Thirty days
have passed, and no new attorney has filed a notice of appearance on behalf of Trabant Solar, Inc.
The court lifts the stay of this case and orders Trabant Solar, Inc., to have counsel enter an
appearance not later than March 3, 2017.
"[T]he parties may plead and conduct their own cases personally or by counsel ...." 28
U.S.C. § 1654. The right to conduct a case personally, however, does not extend to corporations,
partnerships, or associations in federal court. "[A] corporation may appear in the federal courts
onlythroughlicensedcounsel." Rowland v. Cal. Men's Colony, 506U.S. 194,202 (1993); seeRZS

Holdings AVV v. PDVSA Petroleo S.A., 506 F .3d 350, 354 n.3 (4th Cir. 2007). Defendant Becerra
Enterprises, Inc., is a company and may not appear without counsel.
In sum, the stay of this case is lifted. If Trabant Solar, Inc. wishes to defend itself in this
matter, it must have counsel enter an appearance not later than March 3, 2017. IfTrabant Solar, Inc.
fails to comply with this order, Trabant Solar, Inc. is WARNED that failure to secure counsel might
result in the court striking the answer, affirmative defenses, and counterclaim. See, ~' Hathcock
v. Navistar lnt'l Transp. Corp., 53 F.3d 36,40 (4th Cir. 1995); Microsoft Corp. v. Computer Serv.
& Repair. Inc., 312 F. Supp. 2d 779, 782-83 (E.D.N.C. 2004); Fed. R. Civ. P. 55.

SO ORDERED. This 1_ day ofFebruary 2017.

Chief United, States District Judge

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