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Willis v. Seminole Furniture, LLC

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION
Dec 3, 2019
CAUSE NO. 1:19-CV-00036-GHD-DAS (N.D. Miss. Dec. 3, 2019)

Opinion

CAUSE NO. 1:19-CV-00036-GHD-DAS

12-03-2019

CHRISTY WILLIS PLAINTIFF v. SEMINOLE FURNITURE, LLC; ALLEN WHITE FURNITURE MFG., INC.; and RICKY STROUPE DEFENDANTS


ORDER

By order dated October 8, 2019, this Court allowed the withdrawal of Seminole Furniture, LLC's attorneys, Stephen A. Brandon and William Lawrence Deas. Seminole Furniture has since been silent as to its intent to proceed in this case.

It is a well-settled rule of law that a corporate entity cannot appear in federal court unless represented by a licensed attorney. See, e.g., Rowland v. California Men's Colony, 506 U.S. 194, 201-02 (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 licensed counsel"); Southwest Express Co. v. ICC, 670 F.2d 53, 55 (5th Cir. 1982). Although 28 U.S.C. § 1654 authorizes individuals to appear in federal court pro se, the statute is silent regarding corporate entities. See id. The lack of authorization in § 1654 has been interpreted as barring corporations and other such entities from appearing in federal court without an attorney. Id.

Because Seminole Furniture, LLC is a corporate body, it may not appear in this action without counsel. Accordingly, Seminole Furniture, LLC shall, within thirty days of this order, retain substitute counsel, who shall file a formal notice of appearance within that allotted time. Failure to comply with this order will result in a recommendation of sanctions, which may include the striking of Seminole Furniture, LLC's answer and defenses to this lawsuit.

Seminole Furniture, LLC may not appear further in this case until it has retained counsel.

SO ORDERED, this the 3rd day of December, 2019.

/s/ David A. Sanders

UNITED STATES MAGISTRATE JUDGE


Summaries of

Willis v. Seminole Furniture, LLC

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION
Dec 3, 2019
CAUSE NO. 1:19-CV-00036-GHD-DAS (N.D. Miss. Dec. 3, 2019)
Case details for

Willis v. Seminole Furniture, LLC

Case Details

Full title:CHRISTY WILLIS PLAINTIFF v. SEMINOLE FURNITURE, LLC; ALLEN WHITE FURNITURE…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION

Date published: Dec 3, 2019

Citations

CAUSE NO. 1:19-CV-00036-GHD-DAS (N.D. Miss. Dec. 3, 2019)