Securities and Exchange Commission v. Morris et al, No. 2:2011cv00021 - Document 26 (D. Utah 2011)

Court Description: MEMORANDUM DECISION DECISION AND ORDER DIRECTING MOMENTUM LEASING TO APPOINT COUNSEL AND LODGING ANSWER. Signed by Judge Bruce S. Jenkins on 04/05/2011. (asp)

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U FILED .S. DiSTRICT COURT 2011 APR - 5 A 10: I b IN THE UNITED STATES COURT FOR THE DISTRICT dflU~Jill OF UTAH CENTRAL DIVISION BY:o--:-:::-:--- [PUTY CLERK- Securities and Exchange Commission, MEMORANDUM DECISION AND ORDER DIRECTING MOMENTUM LEASING TO APPOINT COUNSEL AND LODGING ANSWER Plaintiff, vs. Case No. 2:11-cv-00021-BSJ Momentum Leasing., Defendants. The Court notes that a(n) Answer has been filed on behalf of Momentum Leasing, a Corporation by an individual who does not appear to be a licenced attorney. Momentum Leasing purports to represent itself pro se by way of Raymond P. Morris. 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."! A corporation may not appear "through a non-attorney corporate officer appearing pro se.,,2 Since Momentum Leasing is a Corporation, it must be represented in this lFlora Const. Co. v. Fireman's Fund Ins. Co., 307 F.2d 413, 414 (lOth Cir. 1962). 2Harrison v. Wahatoyas, L.L.C, 253 F.3d 552, 556 (lOth Cir. 2001). 1 Court by an attorney at law. Raymond P. Morris is not a licensed attorney, therefore he may not represent Momentum Leasing in this case. It is therefore ORDERED that Momentum Leasing appoint counsel to represent it in this matter within thirty (30) days of the issuance of this Order. It is further ORDERED that ~entum Leasing's Answer (23) is Lodged. rt.... DATED Apri~2011. BY THE COURT: United States 2

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