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Aicco, Inc. v. Tradestar Construction Services, Inc.

United States District Court, S.D. Texas, Houston Division
Apr 19, 2010
CIVIL ACTION H-08-2938 (S.D. Tex. Apr. 19, 2010)

Opinion

CIVIL ACTION H-08-2938.

April 19, 2010


OPINION AND ORDER


It has come to the attention of the Court that since the withdrawal of its attorney in March 2009 (#19 and 20), Defendant Tradestar Construction Services, Inc. has not been represented by counsel in this litigation.

In federal court a corporation cannot proceed pro se, but must be represented by counsel. Memon v. Allied Domecq QSR, 385 F.3d 871, 873 and n. 4 (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 counsel"). See also, e.g., Lattanzio v. COMTA, 481 F.3d 137, 139-40 (2d Cir. 2007), citing Eagle Assoc. v. Bank of Montreal 926 F.2d 1305, 1308 (2d Cir. 1991).

Accordingly, the Court

ORDERS Defendant to obtain counsel and file a notice of appearance within thirty days. Failure to comply may result in the Court's striking Defendant's pleadings and entering a default judgment against it.


Summaries of

Aicco, Inc. v. Tradestar Construction Services, Inc.

United States District Court, S.D. Texas, Houston Division
Apr 19, 2010
CIVIL ACTION H-08-2938 (S.D. Tex. Apr. 19, 2010)
Case details for

Aicco, Inc. v. Tradestar Construction Services, Inc.

Case Details

Full title:AICCO, INC., Plaintiff, v. TRADESTAR CONSTRUCTION SERVICES, INC.…

Court:United States District Court, S.D. Texas, Houston Division

Date published: Apr 19, 2010

Citations

CIVIL ACTION H-08-2938 (S.D. Tex. Apr. 19, 2010)