Opinion
CIVIL ACTION NO. H-16-1543
01-20-2017
RYAN HOLLERMAN Plaintiff, v. EXCEL EXECUTIVE ENTERPRISES, INC. And JEFFREY P. MARTIN, Defendants.
ORDER
Plaintiff Ryan Hollerman filed a motion to reset the initial pretrial and scheduling conference. (Docket Entry No. 9). The motion is granted. The conference is reset to February 24, 2017, at 10:45 a.m. The joint discovery/case management plan is due by February 17, 2017.
Only a lawyer may represent a business in federal court. Memon v. Allied Domecq QSR, 385 F.3d 871, 873 (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 licensed counsel"); Southwest Express Co. v. ICC, 670 F.2d 53, 55 (5th Cir. 1982)). When a business is without counsel, it is appropriate to instruct the business that it must retain counsel. If, after sufficient time to obtain counsel, there is no appearance by counsel, judgment may be entered against the business entity by default. Mount Vernon Fire Ins. v. Obodoechina, Civil No. 08-3258, 2009 WL 424326 (S.D. Tex. Feb. 19, 2009).
Accordingly, this court instructs Excel Executive Enterprises that it may not proceed pro se in this case and that it must be represented by licensed counsel. It has until February 17, 2017 to have licensed counsel enter an appearance on its behalf. If it fails to do so, default judgment may be entered.
The initial pretrial conference is reset to February 24, 2017, at 10:45 a.m.
SIGNED on January 20, 2017, at Houston, Texas.
/s/_________
Lee H. Rosenthal
Chief United States District Judge