Aproplast SA v. EZ Products LLC

Filing 26

ORDER Regarding Counsel for Defendant EZ Products LLC. Signed by Honorable J Michelle Childs on 12/5/2011. (hcic, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Aproplast, S.A.,

)
)
Plaintiff,
)
)
v.
)
)
)
E-Z Products, LLC
)
)
Defendant,
)
____________________________________)

C.A. No. 4:10-cv-00899-JMC

ORDER

On October 11, 2011, this court issued an order allowing Attorney James Cox to withdraw
as counsel for Defendant EZ Products, LLC (“Defendant”) upon counsel’s representation that
Defendant had notified him of its intention to associate new counsel. The court further ordered
Defendant to obtain new counsel and provided that such new counsel must make an appearance in
this case within thirty (30) days of the court’s order. As of December 5, 2011, no counsel has made
an appearance on behalf of Defendant.
Corporations, partnerships, unincorporated associations, or estates may not appear
pro se in federal court. See, e.g., First Hartford Corporation Pension Plan and Trust, 194
F.3d 1279, 1290 (Fed. Cir. 1999) (pro se actions by non-attorneys on behalf of
corporations "fail for lack of standing"); and Pridgen v. Andresen, 113 F.3d 391, 392-93
(2nd Cir. 1997) (pro se litigant may not represent corporation, estate, partnership, or "his
or her minor child"), where the court noted that such limits on pro se representation "serve
the interests of the represented party as well as the interests of adversaries and the court."
See also Batac Development Corp. v. B&R Consultants, Inc., No. 98 Civ. 721(CSH), 2000

1

U.S.Dist. LEXIS 3695, 2000 WL 307400 (S.D.N.Y., March 23, 2000).
Hence, it is necessary for EZ Products, LLC, to be represented by counsel admitted to
practice in this Court in order to participate in the litigation of this case. The Clerk of Court
shall send a copy of this order by Certified Mail™ to the Registered Agent for EZ Products, LLC.
According to information on the South Carolina Secretary of State Database on the LEXIS® service,
the Registered Agent is "Phillip McElveen," whose address is 901 W. Greene Street, Cheraw, South
Carolina 29520."

IT IS SO ORDERED.

United States District Judge
Greenville, South Carolina
December 5, 2011

2