United States District Court, W.D. North Carolina, Charlotte Division
For Kressman-Backmeyer Publishing, LLC, Plaintiff: John E Slaughter, III, LEAD ATTORNEY, John Anthony Zaloom, Moore & Van Allen, PLLC, Research Triangle Park, NC.
Andrea Depot USA, Inc., Defendant, Pro se, c/o Alejandra Fernandez, Vice President, Corpus Christi, TX.
David S. Cayer, United States Magistrate Judge.
THIS MATTER is before the Court on Plaintiff's " Motion to Strike Answer and Enter Default or Require Appearance Through Counsel [on behalf of pro se corporate Defendant Andrea Depot USA, Inc.]" (document #23).
Defendant has not retained counsel and has not responded to the Motion. The time for filing a response has expired.
The Court warns Defendant that it must immediately retain counsel. Indeed, " [i]t has been the law for the better part of two centuries ... that a corporation may appear in federal courts only through licensed counsel." Rowland v. California Men's Colony, 506 U.S. 194, 201-02, 113 S.Ct. 716, 121 L.Ed.2d 656 (1993). Accord Gilley v. Shoffner, 345 F.Supp.2d 563, 566 (M.D. N.C. 2004) (dismissing complaint of pro se corporate plaintiff); Microsoft Corp. v. Computer Serv. & Repair, Inc., 312 F.Supp.2d 779, 780 (E.D. N.C. 2004) (same); and LexisNexis, Div. of Reed Elsevier v. Travishan Corp.., 155 N.C.App. 205, 573 S.E.2d 547, 549 ( N.C. App. 2002) (same).
Accordingly, Plaintiff's " Motion to Strike Answer and Enter Default or Require Appearance Through Counsel" (document #23) is GRANTED IN PART. Defendant Andrea Depot USA, Inc. is ORDERED to secure counsel who shall file an entry of appearance within fourteen (14) days of the date of this Order. In the event Defendant does not secure counsel within this period of time, Plaintiff may seek appropriate relief based upon the failure of Defendant to be represented in this matter.
The Clerk is directed to send copies of this Order to the pro se Defendant; to the remaining parties' counsel; and to ...