Opinion
CASE NO. 14-62352-CIV-COHN/SELTZER
04-28-2015
HOWARD COHAN, Plaintiff, v. SHRI RAJ, INC., d/b/a Cascades Motel, Defendant.
ORDER STRIKING FILING
THIS CAUSE is before the Court upon Defendant Shri Raj, Inc.'s Motion to Contest Final Judgment [DE 13] ("Motion"). The Motion was filed on behalf of Defendant Shri Raj, Inc. ("SRI")—a corporation—by Richard Charles, who is apparently a principal of the company. See DE 13 at 1. But nothing indicates that Charles is an attorney admitted to practice before this Court. See S.D. Fla. L.R. 11.1; S.D. Fla. Special Rules Governing the Admission and Practice of Attorneys.
Parties in federal court are generally allowed to "plead and conduct their own cases personally or by counsel." 28 U.S.C. § 1654. "It has been the law for the better part of two centuries," however, "that a corporation may appear in the federal courts only through licensed counsel." Rowland v. Cal. Men's Colony, 506 U.S. 194, 201-02 (1993); see Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985). This rule applies even when the person seeking to appear on the corporation's behalf is a corporate officer or shareholder. See Palazzo, 764 F.2d at 1385. Charles, therefore, may not represent SRI on a pro se basis. See Lattanzio v. COMTA, 481 F.3d 137, 139 (2d Cir. 2007) (per curiam) ("[A] layperson may not represent a separate legal entity such as a corporation."). If SRI wishes to appear in this action, it must be represented by counsel. See Palazzo, 764 F.2d at 1385.
Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Defendant Shri Raj, Inc.'s Motion to Contest Final Judgment [DE 13] is hereby STRICKEN from the record. Again, if SRI seeks to challenge the final judgments or otherwise appear in this case, SRI must retain counsel to represent it; and 2. Plaintiff's counsel shall promptly serve a copy of this Order on Defendant SRI. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 28th day of April, 2015.
/s/_________
JAMES I. COHN
United States District Judge
Copies provided to: Counsel of record via CM/ECF