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United States v. Panther Construction Co

May 21, 2007

UNITED STATES FOR THE USE AND BENEFIT OF DEFENDER SERVICES, INC., PLAINTIFF,
v.
PANTHER CONSTRUCTION CO, INC., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Chief Judge Curtis L. Collier

ORDER

On July 27, 2006 counsel for Defendant KTL Contractors Corporation f/k/a Kreative Touche Landscape & Reliable Lawn Service, Inc. ("KTL"), Mark Whittenburg, filed a motion to withdraw as attorney of record for KTL, which Magistrate Judge Susan K. Lee ("magistrate judge") granted on August 21, 2006 (Court File No. 26). A corporation cannot appear in federal court except through a licensed attorney. Rowland v. Cal. Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 202-203 (1993); Doherty v. Am. Motors Corp., 728 F.2d 334, 340 (6th Cir. 1984). Therefore, in order to proceed in this case KTL must be represented by counsel and not a corporate officer. Wimberly v. Embridge, No. 03-1737, 2004 WL 193147, at * 1 (6th Cir. Jan. 30, 2004). As part of her order, the magistrate judge ordered KTL to retain substitute counsel and cause counsel to enter a written appearance with the Clerk of this Court by Friday, September 22, 2006.

On January 5, 2007 Plaintiff Defender Services, Inc. ("Plaintiff") filed a motion to compel, among other things, KTL to respond to Plaintiff's request for production of documents and produce a Fed. R. Civ. P. 30(b)(6) deposition witness (Court File No. 34).*fn1 On January 29, 2007, the magistrate judge ordered these aspects of Plaintiff's motion held in abeyance pending Plaintiff's filing of a motion concerning KTL's failure to obtain counsel (Court File No. 36).*fn2 Plaintiff has not yet filed such a motion.

The record does not reflect that KTL has retained substitute counsel nor entered a written notice of appearance of counsel subsequent to September 22, 2006. Accordingly, the Court ORDERS Defendant KTL to show cause by Monday, June 4, 2007, as to why it has not retained substitute counsel.

SO ORDERED.

CURTIS L. COLLIER CHIEF UNITED STATES ...


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