Opinion
CASE NUMBER: 10-10365.
March 15, 2010
ORDER STRIKING DEFENDANTS' ANSWER, AND GRANTING CONTINUANCE TO RETAIN LICENSED COUNSEL
Plaintiffs sued Defendants for failing to pay employee fringe benefit contributions, in violation of the Labor-Management Relations Act of 1947, 29 U.S.C. § 141 et seq., the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., and the Michigan Builders Contract Fund Act, Mich. Comp. Laws § 570.151 et seq. On March 10, 2010, Defendants filed their Answer to Plaintiffs' Complaint, signed by Defendant Gary Plater (Dkt. #11). The Answer states: "Defendant does not have an attorney at this time, due to unavailable funds."
Although an individual has a statutory right to represent himself in federal court even if he is not a lawyer, 28 U.S.C. § 1654, a corporation may be represented only by licensed counsel. This rule that a corporation may be represented only by licensed counsel is based not just on a tradition that goes back to the common law, Brandstein v. White Lamps, Inc., 20 F. Supp. 369 (S.D.N.Y. 1937), but also on the practical consideration that "[since] a corporation can appear only through its agents, they must be acceptable to the court; attorneys at law, who have been admitted to practice, are officers of the court and subject to its control." Id.In re Victor Publ'rs, Inc., 545 F.2d 285, 286 (1st Cir. 1976) ( citing Commercial R.R. Bank v. Slocomb, 39 U.S. 60, 65 (1840); Osborn v. Bank of United States, 22 U.S. 738, 830 (1824); United States v. 9.19 Acres of Land, 416 F.2d 1244, 1245 (6th Cir. 1969); Shapiro, Bernstein Co. v. Continental Record Co., 386 F.2d 426 (2d Cir. 1967); Simbraw, Inc. v. United States, 367 F.2d 373 (3d Cir. 1966); Flora Constr. Co. v. Fireman's Fund Ins. Co., 307 F.2d 413, 414 (10th Cir. 1962), cert. denied, 371 U.S. 950 (1963), reh'g denied, 373 U.S. 919 (1963)) (other citations omitted).
Since Defendants cannot proceed without an attorney, the Court STRIKES their Answer as improperly filed. Nevertheless, district courts in such situations must grant reasonable continuances in order to give corporate defendants adequate time to retain counsel. 9.19 Acres of Land, 416 F.2d at 1245. Therefore, the Court gives Defendants 30 days, until April 15, 2010, to retain proper counsel.