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TOLIVER v. BROAD RIPPLE VILLAGE ASSOCIATION, 1:14-cv-01840-JMS-DML. (2015)

Court: District Court, S.D. Indiana Number: infdco20150223815 Visitors: 8
Filed: Feb. 19, 2015
Latest Update: Feb. 19, 2015
Summary: ORDER JANE MAGNUS-STINSON, District Judge. On January 15, 2015, Plaintiff filed a Second Amended Complaint in this action. [ Filing No. 24 ]. That pleading asserts claims against multiple defendants, including Defendant Latitude 39 Group, LLC (" Latitude "). On February 17, 2015, Joshua Cossey attempted to file an Answer to Plaintiff's Amended Complaint, [ Filing No. 19 ], which is no longer the operative complaint in this litigation. Mr. Cossey has not entered an appearance on behalf of Lati
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ORDER

JANE MAGNUS-STINSON, District Judge.

On January 15, 2015, Plaintiff filed a Second Amended Complaint in this action. [Filing No. 24]. That pleading asserts claims against multiple defendants, including Defendant Latitude 39 Group, LLC ("Latitude"). On February 17, 2015, Joshua Cossey attempted to file an Answer to Plaintiff's Amended Complaint, [Filing No. 19], which is no longer the operative complaint in this litigation. Mr. Cossey has not entered an appearance on behalf of Latitude, and it is unclear if he is a licensed attorney.1 [Filing No. 35 at 6 (identifying him as "General Counsel & Senior VP" but with no attorney number of state of licensure]; see Local Rule 83-5 (Bar Admission requirement). Latitude cannot litigate on its own behalf. See United States v. Hagerman, 545 F.3d 579, 581-82 (7th Cir. 2008) (holding that limited liability companies, like corporations, cannot represent themselves pro se in litigation).

For these reasons, the Court STRIKES Latitude's Answer. [Filing No. 35.] If Mr. Cossey is an attorney licensed to practice before this Court, he should file a Notice of Appearance on behalf of Latitude and then file an Answer to the Second Amended Complaint, [Filing No. 24], on Latitude's behalf. If Mr. Cossey is an attorney but is not a member of the bar of this Court, he should move for pro hac vice admission on behalf of Latitude pursuant to Local Rule 83-6 if he meets the requirements to do so.

FootNotes


1. Mr. Cossey signs the pleading on behalf of "Latitude 360, Inc.", not "Latitude 39 Group, LLC"— the defendant named in the Second Amended Complaint. [Filing No. 35 at 6.] If Mr. Cossey is a licensed attorney and later properly appears on behalf of Latitude, he should consult with Plaintiff's counsel to see if they can agree on Latitude's legal name for purposes of this lawsuit. If they agree that Latitude's name as it currently appears on the docket should be modified, they should file a Joint Notice of Party Name Change.
Source:  Leagle

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