Canning v. Galtee Farm, LLC et al, No. 5:2008cv00199 - Document 63 (E.D. Ky. 2009)
Court Description: MEMORANDUM OPINION & ORDER (1) that the clerk ENTER A DEFAULT against dft Galtee Farms, LLC; (2) clerk forward copies of this Memo Opinion & Order to dfts at the addresses listed. Signed by Judge Joseph M. Hood on 8/28/09.(KJR)cc: COR
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON NANCY CANNING, ) ) ) ) Civil Action No. 5:08-CV-199-JMH ) ) ) ) MEMORANDUM OPINION AND ORDER ) ) ) ) Plaintiff, v. GALTEE FARM, LLC; LIAM GALLAGHER; and RITA GALLAGHER, Defendants. ** ** ** ** ** On April 27, 2009, this Court granted the Motion to Withdraw filed by counsel for Defendant Galtee Farm, LLC and ordered Galtee Farm, LLC to retain new counsel within thirty days. [Record No. 45.] By virtue of a later order [Record No. 51], Defendant Galtee Farm, LLC was provided an opportunity to enter an appearance by counsel no later than July 24, 2009. That time has now expired and, to date, there has been no appearance of counsel on behalf of Galtee Farm, LLC. 28 U.S.C. ยง 1654 provides that: In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein. Courts have interpreted this section to provide for two types of representation: . . . that by an attorney admitted to the practice of law by a governmental regulatory body and that by a person representing himself. The statute does not allow for unlicensed laymen to represent anyone else other than themselves. Turner v. American Bar Ass'n, 407 F.Supp. 451, 477 (N.D.Tex.1975). This is to say that only licensed attorneys may practice law on behalf of others. Coleman Advertising, Inc. v. Visionmedia, No. 02-cv-74416, 2003 WL 345368 at *2 (6th Cir. Jan. 31, 2003) (citing Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385-86 (11th Cir.1985); Doherty v. American Motors Corp., 728 F.2d 334, 340 (6th Cir. 1984)). It is well settled that corporations, partnerships, and associations cannot appear in federal court except through a licensed attorney. Rowland v. California Men s Colony, 506 U.S. 194, 202 (1993); Doherty, 728 F.2d at 340. Additionally, it is insufficient that the person attempting to represent a business entity is one of its officers. Ginger v. Cohn, 426 F.2d 1385, 1386 (6th Cir. 1970); Moran v. A/C Financial, Inc., No. C-3-05-0071, 2006 WL 2815491, *3 (S.D. Ohio Sept. 28, 2006). Clearly, as a limited liability company, Galtee Farms, LLC cannot appear before this Court except through a licensed attorney, and, in the absence of counsel, Galtee Farms, LLC is in default. Accordingly, IT IS ORDERED: (1) that the Clerk shall ENTER A DEFAULT as to Defendant Galtee Farms, LLC; (2) that the Clerk shall SEND a copy of this Memorandum Opinion and Order to the Defendants at the following addresses: Liam Gallagher 309 Eureka Versailles, KY 40383 Liam Gallagher 1101 Beaumont Centre Lane Apt 2106 Lexington, KY 40513 Rita W. Gallagher 4390 Clearwater Way Apt 2810 Lexington, KY 40515 Galtee Farm, LLC 309 Eureka Versailles, KY 40383 This the 28th day of August, 2009.
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