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Rice v. Don Peck's Transportation LLC

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


May 23, 2008

NONA RICE, PLAINTIFF,
v.
DON PECK'S TRANSPORTATION LLC, AND FLEMING FURNITURE, DEFENDANTS.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

On January 30, 2008, Nona Rice filed a two complaint alleging negligence against Don Peck's Transportation, LLC and Fleming Furniture (Doc. 2). On May 13, 2008, Don Peck, on behalf of Don Peck's Transportation, LLC filed a "Reply" which was docketed as an Answer to Complaint (Doc. 12). The "Reply" states in part:

Due to no insurance for this complaint, I cannot find a [sic] attorney to defend Don Peck's Transportation LLC.

I request to defend myself if possible since I have no money or insurance and no attorney wants to defend me. ...

We are out of business and I strongly deny these claims.

This "Reply" is signed by Don Peck and it does not appear that Mr. Peck is a licensed attorney.

It is well-established that "a corporation may appear in the federal courts only through licensed counsel." Rowland v. Cal. Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 201-02 (1993). "This rationale 'applies equally to all artificial entities.'" Id. at 202. A "limited liability company also may appear in federal court only through a licensed attorney." Lattanzio v. Comta, 481 F.3d 137, 140 (2nd Cir. 2007); see also, Gilley v. Shoffner, 345 F.Supp.2d 563, 556-67 (M.D. N.C. 2004); Kipp v. Royal & Sun Alliance Pers. Ins. Co., 209 F.Supp.2d 962, 963 (E.D. Wis. 2002).

Thus, following Kipp, the Court ORDERS Don Peck's Transportation, LLC to file an answer signed by an attorney within 30 days of this Order. See 209 F.Supp.2d at 963. Further, failure to comply with this Order shall result in entry of default and entry of default judgment. Id. Lastly, the Court STRIKES the "Reply" docketed as an Answer to Complaint (Doc. 12).

IT IS SO ORDERED.

Signed this 23rd day of May, 2008.

David R Her|do| Chief Judge United States District Court

20080523

© 1992-2008 VersusLaw Inc.



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