Opinion
22-cv-0270 GJF/SMV
11-25-2022
GLYNN PURCELL, Plaintiff/Counter-Defendant, v. U.S.A. BEEF PACKING, LLC, Defendant/Counter-Claimant,
ORDER TO RETAIN COUNSEL
Stephan M. Vidmar, United States Magistrate Judge
THIS MATTER is before the Court on the withdrawal of Defendant/Counter-Claimant's attorney. Defendant/Counter-Claimant USA Beef Packing, LLC, is not a natural person and, therefore, cannot proceed pro se and must be represented by an attorney. See D.N.M.LR-Civ. 83.7; see also Harrison v. Wahatoyas, LLC, 253 F.3d 552 (10th Cir. 2001) (“[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.”). “Absent entry of appearance by a new attorney, any filings made by the corporation, partnership or business entity other than a natural person may be [struck] and default judgment or other sanctions imposed.” D.N.M.LR-Civ. 83.8(c).
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Defendant/Counter-Claimant retain counsel no later than January 24, 2023, or default judgment may be entered against it on Plaintiff s claims, and further its own counterclaims may be dismissed.
IT IS SO ORDERED.