Hollerman v. Excel Executive Enterprises, Inc. et al

Filing 10

ORDER entered: GRANTING 9 MOTION for Continuance of Initial Pretrial Scheduling Conference. Initial Conference reset for 2/24/2017 at 10:45 AM in Courtroom 11B before Chief Judge Lee H Rosenthal. Accordingly, this court instructs Excel Executiv e Enterprises that it may not proceed pro se in this case and that it must be represented by licensed counsel. It has until February 17, 2017 to have licensed counsel enter an appearance on its behalf. If it fails to do so, default judgment may be entered.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

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Plaintiff,
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v.
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EXCEL EXECUTIVE ENTERPRISES, INC. §
And JEFFREY P. MARTIN,
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Defendants.
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January 20, 2017
David J. Bradley, Clerk

RYAN HOLLERMAN

CIVIL ACTION NO. H-16-1543

ORDER
Plaintiff Ryan Hollerman filed a motion to reset the initial pretrial and scheduling
conference. (Docket Entry No. 9). The motion is granted. The conference is reset to February 24,
2017, at 10:45 a.m. The joint discovery/case management plan is due by February 17, 2017.
Only a lawyer may represent a business in federal court. Memon v. Allied Domecq QSR, 385
F.3d 871, 873 (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 licensed counsel”);
Southwest Express Co. v. ICC, 670 F.2d 53, 55 (5th Cir. 1982)). When a business is without
counsel, it is appropriate to instruct the business that it must retain counsel. If, after sufficient time
to obtain counsel, there is no appearance by counsel, judgment may be entered against the business
entity by default. Mount Vernon Fire Ins. v. Obodoechina, Civil No. 08-3258, 2009 WL 424326
(S.D. Tex. Feb. 19, 2009).
Accordingly, this court instructs Excel Executive Enterprises that it may not proceed pro se

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in this case and that it must be represented by licensed counsel. It has until February 17, 2017 to
have licensed counsel enter an appearance on its behalf. If it fails to do so, default judgment may
be entered.
The initial pretrial conference is reset to February 24, 2017, at 10:45 a.m.
SIGNED on January 20, 2017, at Houston, Texas.

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Lee H. Rosenthal
Chief United States District Judge

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