Westex Tactical Solutions, LLC v. Hatrick et al, No. 4:2011cv03733 - Document 54 (S.D. Tex. 2013)

Court Description: OPINION AND ORDER Plaintiff has failed to comply with the Court's order to obtain new counsel and have such counsel file notice of appearance. Plaintiff's complaint is DISMISSED without prejudice. Case terminated on January 15, 2013(Signed by Judge Melinda Harmon) Parties notified.(htippen, )

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION WESTEX TACTICAL SOLUTIONS, LLC, Plaintiff, VS. MONIQUEMARIE ANN HATRICK, et al, Defendants. § § § § § § § § CIVIL ACTION NO. 4:11-CV-3733 OPINION AND ORDER On November 5, 2012, this Court issued an order allowing Plaintiff Westex Tactical Solutions, LLC s former counsel, Jeffrey S. Lisson, to withdraw because Plaintiff had not responded to or otherwise made contact with him for several months. Order, Doc. 50. The order instructed Plaintiff to obtain new counsel and have such counsel file a notice of appearance within thirty days. Id. Plaintiff was warned that failure to comply may result in dismissal of its case for want of prosecution. Id. In federal court, a corporation cannot proceed pro se but must be represented by counsel, but before dismissing a corporation s claims, the court should first warn the corporation to cure this defect and afford it the opportunity to do so. Memon v. Allied Domecq QSR, 385 F.3d 871, 873-74 (5th Cir. 2004). The November 5th order was just such a warning, and Plaintiff has failed to comply. Moreover, the record and Mr. Lisson s statements during the November 5th motion hearing show that Plaintiff has failed to prosecute its case for at least several months. Accordingly, it is hereby 1/2 ORDERED that Plaintiff s complaint (Doc. 1) is DISMISSED without prejudice. SIGNED at Houston, Texas, this 15th day of January, 2013. ___________________________________ MELINDA HARMON UNITED STATES DISTRICT JUDGE 2/2

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