Westex Tactical Solutions, LLC v. Hatrick et al

Filing 54

OPINION AND ORDER Plaintiff has failed to comply with the Court's order to obtain new counsel and have such counsel file notice of appearance. Plaintiff's complaint is DISMISSED without prejudice. Case terminated on January 15, 2013(Signed by Judge Melinda Harmon) Parties notified.(htippen, )

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
WESTEX TACTICAL SOLUTIONS, LLC,
Plaintiff,
VS.
MONIQUEMARIE ANN HATRICK, et al,
Defendants.

§
§
§
§
§
§
§
§

CIVIL ACTION NO. 4:11-CV-3733

OPINION AND ORDER

On November 5, 2012, this Court issued an order allowing Plaintiff Westex Tactical
Solutions, LLC’s former counsel, Jeffrey S. Lisson, to withdraw because Plaintiff had not
responded to or otherwise made contact with him for several months. Order, Doc. 50. The order
instructed Plaintiff to obtain new counsel and have such counsel file a notice of appearance
within thirty days. Id. Plaintiff was warned that failure to comply may result in dismissal of its
case for want of prosecution. Id.
In federal court, a corporation cannot proceed pro se but must be represented by counsel,
but before dismissing a corporation’s claims, the court should first warn the corporation to cure
this defect and afford it the opportunity to do so. Memon v. Allied Domecq QSR, 385 F.3d 871,
873-74 (5th Cir. 2004). The November 5th order was just such a warning, and Plaintiff has failed
to comply. Moreover, the record and Mr. Lisson’s statements during the November 5th motion
hearing show that Plaintiff has failed to prosecute its case for at least several months.
Accordingly, it is hereby

1/2

ORDERED that Plaintiff’s complaint (Doc. 1) is DISMISSED without prejudice.
SIGNED at Houston, Texas, this 15th day of January, 2013.

___________________________________
MELINDA HARMON
UNITED STATES DISTRICT JUDGE

2/2