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Scott Johnson v. S & K Partnership

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 8, 2011

SCOTT JOHNSON, PLAINTIFF,
v.
S & K PARTNERSHIP, DEFENDANTS.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

This action was referred to the undersigned pursuant to Local Rule 302(c)(21). The answer filed on July 1, 2011 on behalf of the defendant partnership was signed by one of the partners, proceeding pro se. There is no indication that this partner is an attorney. It is well established that "a corporation may appear in the federal courts only through licensed counsel." Rowland v. California Men's Colony, 506 U.S. 194, 202 (1993); see also In re America West Airlines, 40 F.3d 1058 (9th Cir. 1994) (non-attorney members of partnership cannot appear on behalf of partnership). Defendant will therefore be granted thirty days leave to obtain counsel.

Accordingly, IT IS HEREBY ORDERED that:

1. Within thirty days from the date of this order, defendant S & K Partnership is directed to obtain counsel. Failure to comply with this order may result in the striking of any answer filed pro se on behalf of this defendant and recommendation that default judgment be entered against defendant.

4 johnson-s&k.corp

20110808

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