Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Goodwill, Kft. v. Neoplan USA Corp.

February 15, 2006

GOODWILL, KFT., PLAINTIFF,
v.
NEOPLAN USA CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Magistrate Judge Boyd N. Boland

ORDER

This matter is before me on the following:

(1) Goodwill's Motion to Close the Enforcement Process of the Garnishment Through Issuing a Court's Order [Doc. # 63, filed 8/12/05];

(2) A second and identical copy of Goodwill's Motion to Close the Enforcement Process of the Garnishment Through Issuing a Court's Order [Doc. # 69, filed 8/30/05]; and

(3) Letter from Goodwill Kft., signed by Sores Arpad, its CEO and not a member of the bar of this court [Doc. # 65, filed 8/19/05].

Plaintiff, Goodwill, Kft. ("Goodwill"), initially was represented by Eugene F. Megyesy, Jr., of the Dufford & Brown law firm. Goodwill brought an action against Neoplan USA Corporation ("Neoplan") allegeing breach of contract and quantum meruit. Judgment entered in favor of Goodwill and against Neoplan in the amount of $134,730 plus interest on September 23, 2004. Thereafter, Goodwill undertook efforts to collect its judgment, including the issuance of writs of garnishment.

Mr. Megyesy moved to withdraw as counsel for Goodwill on July 7, 2005. I granted the motion to withdraw on August 2, 2005, following a hearing. Order [Doc. # 61, filed 8/2/05]. Goodwill is a corporation and cannot proceed pro se. Flora Const. Co. v. Fireman's Fund Ins. Co., 307 F.2d 413, 413-14 (10th Cir. 1962)(noting that "[t]he rule is well established that a corporation can appear in a court of record only by an attorney at law"); Wallic v. Owens-Corning Fiberglass Corp., 40 F. Supp. 2d 1185, 1188 (D. Colo. 1999)(same). Consequently, in connection with allowing its counsel to withdraw, I ordered Goodwill to cause substitute counsel to enter its appearance on or before August 16, 2005. No counsel has entered an appearance. Instead, Goodwill's chief executive officer, Sores Arpad, has filed the three motions here at issue.

IT IS ORDERED Goodwill's Motion to Close the Enforcement Process of the Garnishment Through Issuing a Court's Order [Doc. # 63, filed 8/12/05]; Goodwill's Motion to Close the Enforcement Process of the Garnishment Through Issuing a Court's Order [Doc. # 69, filed 8/30/05]; and Letter from Goodwill Kft., [Doc. # 65, filed 8/19/05], are STRICKEN.

Boyd N. Boland United States Magistrate Judge

20060215

© 1992-2006 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.