Diagnostic Imaging Group et al v. Department of Health and Human Services et al

Filing 3

ORDER directing Counsel to apply for admission pro hac vice and register for electronic case filing. CASE STAYED pursuant to General Order No. 13-4. Signed by Honorable Timothy D. DeGiusti on 10/16/2013. (mb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
DIAGNOSTIC IMAGING GROUP, et al.,
Plaintiffs,
v.
UNITED STATES OF AMERICA
DEPARTMENT OF HEALTH AND
HUMANS SERVICES, et al.,
Defendants.

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Case No. CIV-13-1077-D

ORDER
Plaintiffs, a partnership of professional corporations and two individual radiologists, have
filed a “Petition for Declaratory and Injunctive Relief” seeking to declare unconstitutional certain
federal statutes and regulations mandating requirements for reporting and record-keeping and
affecting compensation of hospital-based radiologists. Plaintiffs’ pleading was filed by one of the
individual defendants, John Hamlin, who indicates he is an attorney licensed in Nevada. However,
Mr. Hamlin is not admitted to practice before this Court, and cannot appear as an attorney for other
litigants.1 Further, the Western District of Oklahoma made the transition to mandatory electronic
case filing on May 1, 2004; all attorneys, including counsel admitted pro hac vice, must register for
electronic case filing.
If Mr. Hamlin wishes to continue as counsel in this case, he must apply for admission pro
hac vice pursuant to LCvR83.4(g), and register for electronic case filing. Information is available
on the Court’s website at www.okwd.uscourts.gov. FAILURE TO APPLY AND TO REGISTER

1

The law is clear that a business entity, such as a corporation or partnership, can appear only through
a licensed attorney. See Rowland v. California Men’s Colony, 506 U.S. 194, 201-02 (1993); Tal v. Hogan,
453 F.3d 1244, 1254 & n. 8 (10th Cir. 2006); LCvR17.1.

WITHIN 30 DAYS from the date of this Order will cause Mr. Hamlin’s name to be stricken as
counsel of record. In all other respects, further proceedings in this case are stayed pursuant to
General Order No. 13-4, entered October 1, 2013.
IT IS SO ORDERED this 16th day of October, 2013.