Securities and Exchange Commission v. Morris et al

Filing 28

MEMORANDUM DECISION AND ORDER DIRECTING E&R HOLDINGS TO APPOINT COUNSEL AND LODGING ANSWER. Signed by Judge Bruce S. Jenkins on 04/05/2011. (asp)

FILED U.S. DISTRICT COURT
2011 APR - 5 A 10= I b
IN THE UNITED STATES COURT FOR THE DISTRICT OF UlD'~ICT OF UTAH CENTRAL DIVISION

BY:

Dfi5DTY CLERK

. Securities and Exchange Commission, Plaintiff, MEMORANDUM DECISION AND ORDER DIRECTING E&R HOLDINGS TO APPOINT COUNSEL AND LODGING ANSWER

vs.

E&R Holdings.,
Defendants.

Case No. 2:11-cv-00021-BSJ

The Court notes that a(n) Answer has been filed on behalf of E&R Holdings, a Corporation by an individual who does not appear to be a licenced attorney. E&R Holdings purports to represent itselfpro se by way of Rayrnond P. Morris. The Court notes that it has long been the law in the Tenth Circuit "that a corporation can appear in a court of record only by an attorney at law."} A corporation may not appear "through a non-attorney corporate officer appearing pro se."2 Since E&R Holdings is a Corporation, it must be represented in this Court

IFlora Const. Co. v. Fireman's Fund Ins. Co., 307 F.2d 413, 414 (10th Cir. 1962). 2Harrison v. Wahatoyas, L.L.c., 253 F.3d 552,556 (lOth Cir. 2001). 1

by an attorney at law. Raymond P. Morris is not a licensed attorney, therefore he may not represent E&R Holdings in this case.

It is therefore
ORDERED that E&R Holdings appoint counsel to represent it in this matter within thirty

(30) days of the issuance of this Order. It is further
ORDERED that E&R Holdings's Answer (25) is Lodged.

-r;,.v

DATED April,i," 20 11. BY THE COURT:

2