Fifth Third Bank v. Apostolic Life Cathedral

Filing 38

ORDER. For reasons stated, the Court strikes defendant Mark-Shannon Manuel's 35 Answer insofar as it purports to tender an anwser on behalf of the corporate defendant, Digigreeters, LLC. Any answer filed on behalf of Digigreeters, LLC shall be filed only through an attorney admitted to practice in this district. Any future filings made in this action by Digigreeters, LLC, including any answer to the cross-claim raised against it by defendant Apostolic Life Cathedral, must be made only through an attorney admitted to practice in this district. Failure to comply with this order will result in the entry of default against the corporate defendant and in favor of the plaintiff and/or the cross claimant. Signed by Judge Robert C. Chambers on 2/23/2010. (cc: attys; Mark-Shannon Manuel; Digigreeters, LLC) (gan)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION FIFTH THIRD BANK, an Ohio banking corporation, Plaintiff, v. APOSTOLIC LIFE CATHEDRAL, A NON-PROFIT CORPORATION, a/k/a The Staunton Street Apostolic Church, a/k/a The Pentecostal Church of God, a/k/a The Apostolic Church, a/k/a Life Cathedral, a West Virginia nonprofit corporation, et al., Defendants. ORDER On February 19, 2010, the Court received an "Answer to Complaint & Cross Claim & Affidavit of Specific Negative Averment, Opportunity to Cure, and Counterclaim" (Doc. 35) filed on behalf of Mark-Shannon Manuel, a defendant in this action. In this filing, Mr. Manuel states, in pertinent part: "Mark-Shannon: Manuel is the Authorized Agent for MARK S MANUEL Agent and Manager of DIGIGREETERS LLC, and as such denies all allegations related to DIGIGREETERS LLC." In light of the fact that Defendant Digigreeters, LLC, a Tenessee limited liability corporation, has not, to date, filed an Answer in this action, the Court construes the above-quoted paragraph in Mr. Manuel's "Answer to Complaint & Cross Claim & Affidavit of Specific Negative Averment, Opportunity to Cure, and Counterclaim" as an attempt to answer the Complaint on behalf of Digigreeters, LLC. Mr. Manuel is not licensed to practice law. Therefore, on its own motion, the CIVIL ACTION NO. 3:09-1309

Court STRIKES Mr. Manuel's filing insofar as it purports to tender an answer on behalf of the corporate defendant. Courts have almost uniformly held that 28 U.S.C. § 1654, which provides that "the parties may plead and conduct their own cases personally or by counsel," "does not allow corporations ... to appear in federal court otherwise than through a licensed attorney." Rowland v. California Men's Colony, 506 U.S. 194, 202 (1993) (citing cases); see also United States v. High Country Broadcasting Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993) ("A corporation may appear in federal court only through licensed counsel."). The rationale for this rule is that a corporation is an entity separate and apart from its officers and directors, and the representation of such an entity by a nonlawyer officer or director constitutes the unauthorized practice of law. Accordingly, any answer to be filed on behalf of Digigreeters, LLC is Court ORDERED to be filed only through an attorney admitted to practice in this district. The Court further ORDERS that any future filings made in this action by Digigreeters, LCC, including any answer to the crossclaim raised against it by Defendant Apostolic Life Cathedral, must be made only through an attorney admitted to practice in this district. Failure to comply with this Order will result in the entry of default judgment against the corporate defendant and in favor of the Plaintiff and/or the Cross Claimant. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties. ENTER: February 23, 2010

ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE 2