Michigan Bricklayers and Allied Craftworkers Health Care Fund et al v. Helms Caulking, Inc. et al, No. 1:2011cv00629 - Document 104 (W.D. Mich. 2012)
Court Description: MEMORANDUM OPINION AND ORDER rejecting and striking from the record the letter by Mr. Dan Helms filed on May 25, 2012 (Dkt. No. 88) ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHIGAN BRICKLAYERS AND ALLIED CRAFTWORKERS HEALTH CARE FUND, TRUSTEES OF; MICHIGAN BRICKLAYERS AND ALLIED CRAFTWORKERS PENSION FUND, TR USTEES OF; M ICHIGAN BRICKLAYERS AND ALLIED CRAFTWORKERS APPRENTICESHIP AND TRAINING FUND, TRUSTEES OF; BAC 9MCE COOPERATION AND EDUCATION TRUST FUND, TRUSTEES OF; BRICKLAYERS AND TROWEL TRADES INTERNATIO N A L PEN SION FUND, TRUSTEES OF; INTERNATIONAL MASONRY INSTITUTE, TRUSTEES OF; INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTWORKERS, AFL-CIO; and INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTWORKERS, LOCAL 9, AFL-CIO, Plaintiffs, CASE NO. 1:11-cv-629 v. HON. ROBERT HOLMES BELL HELMS CAULKING, INC., a Michigan Corporation, and DANIEL HELMS, an individual, jointly and severally, Defendants. ________________________________________/ MEMORANDUM OPINION AND ORDER On May 25, 2012, Mr. Dan Helms, President of Helms Caulking. Inc., submitted a letter to the court which, in effect, objects to a writ of garnishment issued to Granger Construction. (Dkt. No. 88.) This letter is not properly before the court as Mr. Helms does not have standing to represent Defendant Helms Caulking, Inc. It is well settled that corporate defendants must be represented by counsel, and that corporate officers may not appear on behalf of their businesses. Doherty v. Am. Motors Corp., 628 F.2d334, 340 (6th Cir. 1984); United States v. 9.19 Acres of Land, 416 F.2d 1244 (6th Cir. 1969). Attorney Peter Bosch is counsel of record for Helms Caulking, Inc., and any objection to issued writs of garnishment must be made through him or new counsel. Accordingly, IT IS HEREBY ORDERED that the letter by Mr. Dan Helms filed on May 25, 2012, (Dkt. No. 88) is REJECTED and STRICKEN from the record. Dated: June 28, 2012 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE 2
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