Purcell v. U.S.A. Beef Packing, LLC

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO GLYNN PURCELL, Plaintiff/Counter-Defendant, v. No. 22-cv-0270 GJF/SMV U.S.A. BEEF PACKING, LLC, Defendant/Counter-Claimant, ORDER TO RETAIN COUNSEL THIS MATTER is before the Court on the withdrawal of Defendant/Counter-Claimant’s attorney. Defendant/Counter-Claimant USA Beef Packing, LLC, is not a natural person and, therefore, cannot proceed pro se and must be represented by an attorney. See D.N.M.LR-Civ. 83.7; see also Harrison v. Wahatoyas, LLC, 253 F.3d 552 (10th Cir. 2001) (“[A] corporation or other business entity can only appear in court through an attorney and not through a non-attorney corporate officer appearing pro se.”). “Absent entry of appearance by a new attorney, any filings made by the corporation, partnership or business entity other than a natural person may be [struck] and default judgment or other sanctions imposed.” D.N.M.LR-Civ. 83.8(c).

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED J that Defendant/Counter-Claimant retain counsel no later than January 24, 2023, or default judgment may be entered against it on Plaintiff's claims, and further its own counterclaims may be dismissed.

IT IS SO ORDERED. by, J STEPHAN M. VIDMAR United States Magistrate Judge