KRISTEN L. MIX, Magistrate Judge.
This matter is before the Court on Defendant James D. Welch's ("J. Welch")
Plaintiff asks the Court to strike two documents filed by Defendant J. Welch: 1) Defendant J. Welch's Response to Motion for Default Judgment Against Jim D. Welch, as Executive Trustee of Celestial Pursuits Trust [#43], and 2) Defendant J. Welch's Response to Complaint and Motion to Strike [#44]. Plaintiff argues that these two documents were impermissibly filed by Defendant J. Welch as a pro se representative of Celestial Pursuits Trust.
A corporation, partnership, or other legal entity, such as a trust, "cannot appear without counsel admitted to practice before this court. . . ." D.C.COLO.LCivR 83.3D; Amoco Prod. Co. v. Aspen Grp., 25 F.Supp.2d 1162, 1166 (D. Colo. 1998). See also C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697-98 (9
The Response to Motion for Default Judgment Against Jim D. Welch, as Executive Trustee of Celestial Pursuits Trust [#43] is clearly a response by a pro se litigant, Defendant J. Welch, on behalf of Celestial Pursuits Trust, as the underlying motion was directed at the trust through Defendant J. Welch in his official capacity as Executive Trustee. See Motion for Entry of Default as to Jim D. Welch, as Executive Trustee, Celestial Pursuits Trust [#40]. Further, Defendant J. Welch clearly responds in each of the documents at issue solely in his personal capacity. See Response to Motion for Default Judgment Against Jim D. Welch, as Executive Trustee of Celestial Pursuits Trust [#43] at 1 (stating "COMES NOW, Jim David Welch, erroneously identified as Executive Trustee of Celestial Pursuits Trust"); Defendant J. Welch's Motion [#44] at 1 (same). Yet, in each document, Defendant J. Welch attempts to address arguments made against the trust. See Response to Motion for Default Judgment Against Jim D. Welch, as Executive Trustee of Celestial Pursuits Trust [#43] at 1; Defendant J. Welch's Motion [#44] at 11-12. However, such representation by a pro se litigant on behalf of a trust is impermissible. See Amoco Prod. Co., 25 F. Supp. 2d at 1166.
Accordingly,
IT IS HEREBY
IT IS FURTHER