Bruce v. Ladies Choice Fitness Center Columbia Inc et al

Filing 13

ORDER: Ladies Choice Fitness Center (Landmark), Inc., and Ladies Choice Fitness Center (Columbia), Inc., will have thirty-five days from the date of this order to obtain counsel and file amended answers or otherwise plead. Signed by Magistrate Judge Shiva V Hodges on 10/15/2012. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Cynthia Bruce,
Plaintiff,
vs.
Ladies Choice Fitness Center Columbia
Inc., Ladies Choice Fitness Center
Landmark Inc., Ladies Choice Fitness
Center MI Inc., and John Holladay
Defendants.

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C/A No.: 3:12-2678-JFA-SVH

ORDER

Plaintiff filed the complaint in this case asserting claims of employment

discrimination and a state law claim relating to payment of wages on September 17,
2012. [Entry #1]. The Clerk of Court issued the summons on September 18, 2012.
[Entry #4]. Defendant Ladies Choice Fitness Center (Landmark), Inc., identified in the
caption as Ladies Choice Fitness Center Landmark Inc., filed a pro se answer on
October 11, 2012. [Entry #5]. Defendant Ladies Choice Fitness Center (Columbia), Inc.,
identified in the caption as Ladies Choice Fitness Center Columbia Inc., filed a pro se
answer on October 15, 2012. [Entry #10].
It is well settled that pro se litigants, regardless of the nature of their connection to
a corporation as an officer or shareholder, cannot legally represent corporations in this
court. Corporations may only appear in this federal court and litigate through a licensed
attorney who is formally admitted to practice and in good standing with this court. See
Days Inn Worldwide, Inc. v. JBS, Inc., C/A No. 4:08-1771-TLW-TER, 2010 WL 625391,

at *2 (D.S.C. Feb. 19, 2010); see also First Hartford Corp. Pension Plan & Trust v.
United States, 194 F.3d 1279, 1290 (Fed. Cir. 1999) (pro se actions by non-attorneys on
behalf of corporations “fail for lack of standing”); Pridgen v. Andresen, 113 F.3d 391,
392–93 (2d Cir. 1997) (pro se litigant may not represent corporation, estate, partnership,
or “his or her minor child”).
Therefore, Ladies Choice Fitness Center (Landmark), Inc., and Ladies Choice
Fitness Center (Columbia), Inc., must file answers or other responses through counsel
admitted to practice in this court. The Clerk of Court shall mail a copy of this order to
Darby Hebert, President of Ladies Choice Fitness Center (Landmark), Inc., and John
Holladay, President of Ladies Choice Fitness Center (Columbia), Inc., because their
names, signatures, and address appear on the pro se answers for the respective
defendants. The Clerk of Court shall also mail a copy of this order by Certified Mail to
the registered agent for Ladies Choice Fitness Center (Landmark), Inc. According to the
corporate

directory

on

the

South

Carolina

Secretary

of

State

website,

www.sos.sc.gov/Search Business Filings (last visited Oct. 15, 2012), the registered agent
for Ladies Choice Fitness Center (Landmark), Inc., is Ted Hebert, 10055 Dorchester
Road, Summerville, South Carolina 29485. The registered agent for Ladies Choice
Fitness Center (Columbia), Inc. is John Holladay who is already receiving a copy of this
order.
Ladies Choice Fitness Center (Landmark), Inc., and Ladies Choice Fitness Center
(Columbia), Inc., will have thirty-five days from the date of this order to obtain counsel
and file amended answers or otherwise plead. Should they fail to do so, the undersigned

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will recommend the answers filed pro se be struck from the record and default entered
against the corporations.
IT IS SO ORDERED.

October 15, 2012
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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