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General Elec. Cap. Corp. v. Vivid Restaurant Concepts

United States District Court, M.D. Tennessee, Nashville Division
Aug 10, 2009
Civil No. 3:08-1229 (M.D. Tenn. Aug. 10, 2009)

Opinion

Civil No. 3:08-1229.

August 10, 2009


ORDER


Tom D. Robinson "Dba PR Trading" has filed a Motion to Intervene (Docket No. 81), to which the Receiver has objected (Docket No. 86). The motion is DENIED WITHOUT PREJUDICE.

Documentation referenced by the Receiver indicates that PR Trading is a partnership, not a sole proprietorship. Partnerships must be represented by counsel before this court, and the motion has not been filed by a lawyer. Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194 (1993), holds that a corporation may only appear in federal courts through licensed counsel. That case has been interpreted by courts in this Circuit to mean that any "artificial entity" may only appear in federal courts through counsel. See Century 21 Real Estate, LLC v. Everitt, No. 08-14609, 2009 WL 187704 (E.D. Mich. Jan. 23, 2009); Grainger v. Solomon, No. 3:07-cv-91, 2008 WL 3823734 (E.D. Tenn. Aug. 12, 2008). The court finds particularly persuasive the discussion of this issue in In Re ICLNDS Notes Acquisition, LLC, 259 B.R. 289, 293-94 (Bankr. N.D. Ohio 2001).

It is so ORDERED.


Summaries of

General Elec. Cap. Corp. v. Vivid Restaurant Concepts

United States District Court, M.D. Tennessee, Nashville Division
Aug 10, 2009
Civil No. 3:08-1229 (M.D. Tenn. Aug. 10, 2009)
Case details for

General Elec. Cap. Corp. v. Vivid Restaurant Concepts

Case Details

Full title:GENERAL ELECTRIC CAPITAL CORPORATION, Plaintiff, v. VIVID RESTAURANT…

Court:United States District Court, M.D. Tennessee, Nashville Division

Date published: Aug 10, 2009

Citations

Civil No. 3:08-1229 (M.D. Tenn. Aug. 10, 2009)