“[A] corporation cannot appear in federal court except through an attorney.”
How later courts described this case
- “[A] corporation cannot appear in federal court except through an attorney.”
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
BOARD OF EDUCATION OF THE : Case No. 3:17-cv-330
SPRINGFIELD SCHOOL DISTRICT, :
: District Judge Thomas M. Rose
Plaintiff, : Magistrate Judge Sharon L. Ovington
:
vs.
:
:
HBH TECHNOLOGY, INC., et al.,
:
Defendants. :
ORDER
On November 14, 2018, United States District Judge Thomas M. Rose granted
Attorney Bryce A. Lenox’s Motion to Withdraw as Attorney (Doc. #16) and granted
Defendant HBH Technology, Inc. (formerly known as Computer Automation Systems,
Inc.) until December 14, 2018 to acquire counsel or face possible sanctions including
default judgment. Defendant HBH Technology did not acquire counsel.
It is well settled that corporations, partnerships, and associations cannot appear in
federal court except through a licensed attorney. Rowland v. California Men’s Colony,
506 U.S. 194, 201-02 (1993); Doherty v. American Motors Corp., 728 F.2d 334, 340 (6th
Cir. 1984) (“[A] corporation cannot appear in federal court except through an attorney.”).
It is, moreover, insufficient that the person attempting to represent a business entity is one
of its officers. Ginger v. Cohn, 426 F.2d 1385, 1386 (6th Cir. 1970).
Defendant HBH Technology must therefore retain a trial attorney. Defendant’s
attorney shall file a notice of appearance in this case on or before January 3, 2020.
Upon the filing of a notice of appearance, the case will proceed further. Defendant HBH
Technology is advised that failure to timely comply with this Order to obtain new counsel
may result in sanctions.
The Clerk of Court is directed to mail a copy of this Order to Defendant HBH
Technology, Inc. at the following addresses:
HBH Technology, Inc.
f/k/a Computer Automation Systems, Inc.
PO Box 590
Mountain Home, AR 72654
and
HBH Technology, Inc.
f/k/a Computer Automation Systems, Inc.
2351 CR 57
Mountain Home, AR 72653
IT IS THEREFORE ORDERED THAT:
Defendant HBH Technology, Inc. shall retain a licensed attorney to represent it in
this case, and on or before January 3, 2020, Defendant’s attorney shall file a notice of
appearance in this case.
December 3, 2019 s/Sharon L. Ovington
Sharon L. Ovington
United States Magistrate Judge