Lovell v. Columbia Hospitality LLC

Filing 15

ORDER granting in part 13 Motion to Strike/for Entry of Default, striking defendant's 9 answer to complaint and allowing defendant twenty-eight (28) days from the date of this order to obtain counsel and file a responsive pleading to 1 complaint. Signed by Honorable Joseph F Anderson, Jr on 08/16/2011.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Eric R. Lovell,
Plaintiff,
vs.
Columbia Hospitality, LLC,
Defendant.
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C/A: 3:11-995-JFA

ORDER

The plaintiff has moved to strike the answer of Columbia Hospitality, LLC, and also
moved for entry of default by the Clerk. The motion is grounded upon the fact that the
defendant is a limited liability company organized and registered to do business in South
Carolina. It is well-settled in this court that a corporation must be represented by a licensed
attorney in this court. The answer filed in this case is signed by Mr. Thakor Patel, purporting
to act as the “member/registered agent” of the corporate defendant.
Because Mr. Patel is not an attorney licensed to practice before this court, the court
must strike the defendant’s answer. Rather than holding the defendant in default, however,
the court will reset the clock for purposes of filing an answer to the complaint. Any answer
or responsive pleading filed by defendant Columbia Hospitality, LLC, must be filed no later
than 28 days from the date of entry of this order. If an answer or other responsive pleading
is not filed and served by that date, the court will hold the corporate defendant in default.
IT IS SO ORDERED.

August 16, 2011
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge