AICCO v. Tradestar Construction Services, Inc

Filing 36

OPINION AND ORDER Defendants have 30 days to obtain counsel and file notice of appearance. Failure to comply may result in the Court's striking Defendant's pleadings and entering a default judgment against it.(Signed by Judge Melinda Harmon) Parties notified.(htippen, )

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION AICCO, INC., Plaintiff, VS. TRADESTAR CONSTRUCTION SERVICES, INC., Defendants. CIVIL ACTION H-08-2938 OPINION AND ORDER It has come to the attention of the Court that since the withdrawal of its attorney in March 2009 (#19 and 20), Defendant Tradestar Construction Services, Inc. has not been represented by counsel in this litigation. In federal court a corporation cannot proceed pro se, but must be represented by counsel. Memon v. Allied Domecq QSR, 385 F.3d 871, 873 and n.4 (5th Cir. 2004), citing Rowland v. California Men's Colony, 506 U.S. 194, 202 (1993)("the lower courts have uniformly held that 28 U.S.C. 1654 . . . does not allow corporations, partnerships, or associations to appear in federal court otherwise than by counsel"). See also, e.g., Lattanzio v. COMTA, 481 F.3d 137, 139-40 (2d Cir. 2007), citing Eagle Assoc. v. Bank of Montreal 926 F.2d 1305, 1308 (2d Cir. 1991). Accordingly, the Court -1- ORDERS Defendant to obtain counsel and file a notice of appearance within thirty days. Failure to comply may result in the Court's striking Defendant's pleadings and entering a default judgment against it. SIGNED at Houston, Texas, this 19th day of April, 2010. ___________________________ MELINDA HARMON UNITED STATES DISTRICT JUDGE -2-

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