Russell v. Canyon View Title Insurance Agency

Filing 25

MEMORANDUM DECISION that Defendant shall comply with DUCivR 83-1.4(b) by January 26,2010. Defendant is warned that the further failure to comply with the Rules of Practice ofthis Court may result in sanctions up to and including entry of judgment. Signed by Judge Ted Stewart on 01/07/2010. (asp)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

CHRISTOPHER A. RUSSELL, Plaintiff, MEMORANDUM DECISION AND ORDER THAT DEFENDANT COMPLY WITH LOCAL RULES OF PRACTICE

vs.

CANYON VIEW TITLE INSURANCE AGENCY, Defendant.

Case No. 2:08-CV-808 TS

On October 8, 2009, the scheduling order in this case was vacated to be reset when Defendant obtains new counsel. Defendant's counsel's Motion to Withdraw was granted on October 14, 2009. The Local Rules of Practice for this court, DUCivR 83-1.4(b)1 require that any party represented by a withdrawing attorney must notify the clerk of court of the appointment of another attorney or of the party's decision to appear pro se within twenty days. Defendant is a Utah corporation.2 As such, it is not eligible to appear pro se and,

1

Available on the internet site www.utd.uscourts.gov under "Rules." Docket No. 4 (Answer) at ¶ 2. 1

2

therefore, must be represented by counsel.3

There has been no new appearance of

counsel filed for Defendant. Plaintiff has filed a request for the imposition of the sanction of entry of judgment against Defendant for the failure to comply with said rule. It is therefore ORDERED that Defendant shall comply with DUCivR 83-1.4(b) by January 26, 2010. Defendant is warned that the further failure to comply with the Rules of Practice of this Court may result in sanctions up to and including entry of judgment. DATED January 7, 2010. BY THE COURT:

_____________________________________ TED STEWART United States District Judge

Harrison v. Wahatoyas, L.L.C., 253 F.3d 552, 556­57 (10th Cir. 2001) (holding that "[a]s a general matter, a corporation or other business entity can only appear in court through an attorney and not through a non-attorney corporate officer appearing pro se"). 2

3