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Caulkins v. Eisenburg, Whitman & Associates, LLC

United States District Court, Tenth Circuit

January 2, 2014

AUDREY CAULKINS, Plaintiff,
v.
EISENBURG, WHITMAN & ASSOCIATES, LLC, Defendant.

ORDER

BOYD N. BOLAND, Magistrate Judge.

This matter arises on Plaintiff's Motion to Strike [Doc. # 17, filed 12/30/2013], which is GRANTED.

The action, which asserts a claim under the Fair Debt Collection Practices Act, was commenced by the filing of a Complaint [Doc. # 1] on September 16, 2013. No answer or other response was received, and the Clerk of the Court entered default on October 28, 2013.

On December 23, 2013, a letter [Doc. # 16] (the "Letter") signed by Patricia Kanas, purporting to be the "Administrator" for the defendant was received by the court. The Letter appears to be a response to the Complaint. Ms. Kanas does not indicate that she is a lawyer, and she is not a member of the bar of this court.

The Complaint identifies the defendant as a limited liability corporation. A corporation must be represented by a lawyer who is a member of the bar of this court. Flora Const. Co. v. Fireman's Fund Ins. Co. , 307 F.2d 413, 414 (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 Fibreglass Corp. , 40 F.Supp.2d 1185, 1188 (D. Colo. 1999) (stating that "a corporate defendant... and a limited liability organization...[may] only appear through counsel admitted to the bar of this court"); D.C.COLO.LCivR 11.1(a) (providing that "[o]nly unrepresented individual parties and members of this court's bar may appear or sign a pleading, motion, or other document").

IT IS ORDERED:

(1) The Motion to Strike [Doc. # 17] is GRANTED;

(2) The Letter [Doc. # 16] is STRICKEN; and

(3) The Clerk of the Court is directed to mail a copy of this order to Eisenburg, Whitman & Associates, 7751 Kingspointe ...


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