Opinion
23-2070-EFM
05-11-2023
CHRISTOPHER HOLLAMAN, Plaintiff, v. SHREE RAM JAY RAM LLC, d/b/a COMFORT INN & SUITES SHAWNEE, Defendant.
MEMORANDUM AND ORDER
ERIC F. MELGREN, CHIEF UNITED STATES DISTRICT JUDGE
Dilip Patel has moved for relief from the Clerk of the Court's May 3, 2023 entry of default. However, Plaintiff Christopher Hollaman's Amended Complaint names as Defendant only the business entity Shree Ram Jay Ram LLC. Mr. Patel is not mentioned in the complaint other than as a registered agent for the Defendant limited liability company. Plaintiff applied for default against that entity (Doc. 6), and Clerk entered default against the company.
“[I]n federal court, only an attorney admitted as a member of this court's bar may represent a business organization,” and that this includes “corporations and limited liability companies.” “This prohibition similarly extends to representation of an entity by a layperson who is affiliated with the entity.” Pleadings filed by a non-lawyer on behalf of a business entity may be properly stricken by the Court.
Ross v. Jenkins, 2019 WL 8014566, at *1 (D. Kan. 2019). See Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007) (“Because both a partnership and a corporation must appear through license counsel, and because a limited liability company is a hybrid of the partnership and corporate forms, a limited liability company also may appear in federal court only through a licensed attorney” (citing cases)).
Alfaro-Huitron v. WKI Outsourcing Sols., LLC, 2014 WL 12573321, at *2 (W.D. Tex. 2014).
Heizer v. Dent, 2014 WL 12789693, at *4 (D.N.M. 2014).
IT IS THEREFORE ORDERED that the Clerk shall STRIKE from the docket the Motion for Relief (Doc. 9) putatively filed on behalf of Defendant. The Clerk is directed to mail this M&O to Defendant c/o Dilip Patel; 27594 W. Highland Circle; Olathe, KS 66061-8423.
IT IS SO ORDERED.