Baicor v. Ferti-Sorb Company, The, No. 1:2008cv00072 - Document 8 (D. Utah 2008)

Court Description: MEMORANDUM DECISION granting 5 Motion for Leave to File Responsive Pleadings Out of Time ; that defendant Ferti-Sorb Company, The appoint counsel to represent them by 09/25/2008. Signed by Judge Ted Stewart on 09/03/2008. (asp)

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IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH NORTHERN DIVISION BAICOR, LC, Plaintiff, MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT LEAVE TO FILE RESPONSIVE PLEADINGS OUT OF TIME AND DIRECTING DEFENDANT TO APPOINT COUNSEL vs. THE FERTI-SORB COMPANY, Case No. 1:08-CV-72 TS Defendants. On August 25, 2008, Defendant The Ferti-Sorb Company filed with the Court a request for leave to file out of time pleadings responsive to the complaint in this matter. Plaintiff Baicor, LC filed notice with the Court on August 26, 2008, that it does not object to Defendant s request for additional time. Steven E. Reick purports to represent Defendant The Ferti-Sorb Company as its president. The Court notes that it has long been the law in the Tenth Circuit that a corporation can appear in a court of record only by an attorney at law. 1 A corporation may not appear 1 Flora Const. Co. v. Fireman s Fund Ins. Co., 307 F.2d 413, 414 (10th Cir. 1962). 1 through a non-attorney corporate officer appearing pro se. 2 Since The Ferti-Sorb Company is a corporation, it must be represented in this Court by an attorney at law. Since Mr. Reick is not a licensed attorney, he may not represent The Ferti-Sorb Company, even though he is its president. It is therefore ORDERED that the Motion for Leave to File Responsive Pleadings out of Time (Docket No. 5) is hereby GRANTED. The deadline for filing pleadings responsive to the complaint in this matter shall be extended to September 25, 2008. It is further ORDERED that Defendant The Ferti-Sorb Company appoint counsel to represent them in this matter by September 25, 2008. DATED September 3, 2008. BY THE COURT: ____________________________________ TED STEWART United States District Judge 2 Harrison v. Wahatoyas, L.L.C., 253 F.3d 552, 556 (10th Cir. 2001). 2

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