Opinion
1:21-cv-12232
05-06-2022
COVENANT MEDICAL CENTER, INC., Plaintiff, v. DYNAMO, LLC, et al., Defendants.
ORDER STRIKING FILING [26]
STEPHEN J. MURPHY, III UNITED STATES DISTRICT JUDGE
Defendant Dynamo, LLC moved to transfer the dispute to Arizona for mediation. ECF 26. The motion was signed by David McPherson, another Defendant in the present case but not a licensed attorney. Id. at 147. Defendant McPherson also signed a response, on his own behalf and Defendant Dynamo's behalf, to the Court's show cause order. ECF 28.
“It is well established that a corporate defendant must be represented by an attorney in federal court proceedings and cannot be represented by one of its officers.” Acker v. Admiralty Dev. Corp., No. 18-cv-10920, 2019 WL 1315237, at *4 (E.D. Mich. Mar. 22, 2019) (collecting cases). Defendant McPherson is the Manager of Dynamo. ECF 1-11, PgID 37. Because he is not a licensed attorney, the Court will order the Clerk of the Court to strike the motion that he filed on Dynamo's behalf. The Court will not allow Defendant McPherson to represent Dynamo or file motions on Dynamo's behalf.
Because the response to the show cause order, ECF 28, is on both Dynamo and McPherson's behalf, the Court will liberally construe the response to the show cause order as only Defendant McPherson's response. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972) (per curiam).
Because Dynamo is unrepresented, the Court will provide Dynamo thirty days to find counsel before resolving the present motion to vacate, ECF 23. See Acker, 2019 WL 1315237, at *4. If Dynamo does not have counsel make an appearance in thirty days, the Court will consider Dynamo in default. Id.
WHEREFORE, it is hereby ORDERED that the Clerk of the Court must STRIKE the motion to transfer the dispute [26].
IT IS FURTHER ORDERED that Counsel for Dynamo, LLC must MAKE an appearance no later than thirty days from this Order.
SO ORDERED.
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on May 6, 2022, by electronic and/or ordinary mail.
s/ David P. Parker
Case Manager