AICCO v. Tradestar Construction Services, Inc, No. 4:2008cv02938 - Document 36 (S.D. Tex. 2010)

Court Description: OPINION AND ORDER Defendants have 30 days to obtain counsel and file notice of appearance. Failure to comply may result in the Court's striking Defendant's pleadings and entering a default judgment against it.(Signed by Judge Melinda Harmon) Parties notified.(htippen, )

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION AICCO, INC., § § § Plaintiff, § § VS. § § TRADESTAR CONSTRUCTION SERVICES,§ INC., § § Defendants. § CIVIL ACTION H-08-2938 OPINION AND ORDER It has come to the attention of the Court that since the withdrawal of its attorney in March 2009 (#19 and 20), Defendant Tradestar Construction Services, Inc. has not been represented by counsel in this litigation. In federal court a corporation cannot proceed pro se, but must be represented by counsel. Memon v. Allied Domecq QSR, 385 F.3d 871, 873 and n.4 (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 counsel ). See also, e.g., Lattanzio v. COMTA, 481 F.3d 137, 139-40 (2d Cir. 2007), citing Eagle Assoc. v. Bank of Montreal 926 F.2d 1305, 1308 (2d Cir. 1991). Accordingly, the Court -1- ORDERS Defendant to obtain counsel and file a notice of appearance within thirty days. Failure to comply may result in the Court s striking Defendant s pleadings and entering a default judgment against it. SIGNED at Houston, Texas, this 19th day of April, 2010. ___________________________ MELINDA HARMON UNITED STATES DISTRICT JUDGE -2-

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