Selective Insurance Company of America v. Glen Wilde, LLC et al

Filing 67

ORDER re 43 Amended Complaint ordering that Defendant Akers Construction & Electric, Inc. answer be filed by a duly licensed and admitted counsel. Answer due 11/28/2012. Signed by District Judge Richard Voorhees on 10/29/12. (smj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CASE NO. 5:12-CV-00034-RLV-DSC
SELECTIVE INSURANCE
COMPANY OF AMERICA,

)
)
)
Plaintiff,
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v.
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)
GLEN WILDE, LLC, et al.,
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Defendants.
)
______________________________)

ORDER

THIS MATTER is before the Court on its own motion in response to Defendant Akers
Construction & Electric, Inc.’s (“Akers”) Miscellaneous Response (Doc. 66) and communication
with its attorney, Fred Lewis, who has neither entered an appearance nor been admitted to
practice in the Western District of North Carolina.
Defendant Akers “may not appear pro se but must be represented only by duly licensed
counsel.” Allied Colloids, Inc. v. Jadair, Inc., No. 96-2078, 1998 WL 112719, at *1 (4th Cir.
Mar. 16, 1998) (citing Rowland v. Cal. Men’s Colony, 506 U.S. 194, 202 (1993)). Accordingly,
the “Miscellaneous Response,” filed and signed by the company’s president, may not be accepted
as a responsive pleading, and the Clerk so notified Defendant Akers and Mr. Lewis on October
26, 2012. After receiving this notice, Mr. Lewis contacted the Court and Plaintiff’s counsel
requesting an extension of time for Defendant Akers to answer.1 In light of this request, to which
Plaintiff’s attorney, Mr. Sturges, has apparently consented via e-mail dated October 26, and
1

In light of Defendant Akers’ waiver of service, its answer would have been due October
29, 2012. (Doc. 51); Fed. R. Civ. P. 12(a)(1)(A)(ii).
1

pursuant to Federal Rule of Civil Procedure 6(b)(1)(A),2 the Court finds good cause to extend
Defendant Akers’ deadline to answer Plaintiff’s Complaint by an additional thirty days, through
November 28, 2012.
IT IS, THEREFORE, ORDERED that Defendant Akers’ answer be filed by duly
licensed and admitted counsel on or before November 28, 2012.
Signed: October 29, 2012

2

The Rule states, “When an act may or must be done within a specified time, the court
may, for good cause, extend the time . . . with or without motion or notice if the court acts, or if a
request is made, before the original time or its extension expires . . . .” Fed. R. Civ. P. 6(b)(1)(A).
2