Laborers' International Union of North America, Local 141 v. Gayston Corporation

Justia Dockets & Filings Sixth Circuit Ohio Southern District Laborers' International Union of North America, Local 141 v. Gayston Corporation

Laborers' International Union of North America, Local 141 v. Gayston Corporation

Plaintiff:	Laborers' International Union of North America, Local 141
Defendant:	Gayston Corporation
Case Number:	3:2017cv00060
Filed:	February 21, 2017
Court:	US District Court for the Southern District of Ohio
Office:	Dayton Office
County:	MONTGOMERY
Presiding Judge:	Walter H. Rice
Nature of Suit:	Labor/Management Relations
Cause of Action:	29 U.S.C. § 185
Jury Demanded By:	None

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Date Filed	Document Text
August 29, 2017	Filing 16 DECISION AND ENTRY OVERRULING AS MOOT DEFENDANT'S MOTION TO SET ASIDE CLERK'S ENTRY OF DEFAULT (DOC. # 10 ); SUSTAINING DEFENDANT'S AMENDED MOTION TO SET ASIDE CLERK'S ENTRY OF DEFAULT (DOC. # 15 ); VACATING CLERK'S ENTRY OF DEFAULT (DOC. # 8 ). Signed by Judge Walter H. Rice on 8/29/2017. (pb)
April 6, 2017	Filing 6 ORDER - On March 6. 2017, Casey Cain, who is identified as Director of Human Resources, Gayston Corporation, filed a pleading purporting to be a pro se Answer on behalf of the Defendant corporation. (Doc. 5 ). It is well settled that a corporatio n cannot appear in federal court except through an attorney. Rowland v. California Men 's Colony, 506 U.S. 194, 201-202(1993); Doherty v. American Motors Corp., 728 F. 2d 334, 340 (6th Cir. 1984). Furthermore, it is insufficient that the pers on attempting to represent the corporation is an officer of the corporation. Reich v. Pierce, 45 F. 3d 431, n. 1 (6th Cir. 1994). Therefore, Casey Cain cannot represent the corporate defendant named in this case. Accordingly, Defendant, Gayston Cor poration, must secure counsel to represent it in this case within TWENTY-ONE (1) days of the filing date of this Order, and counsel shall enter an appearance on behalf of Defendant within that time. If Defendant, corporation fails to secure counsel within the allotted time, the Court may consider entering default judgment against Defendant Gayston Corporation. Signed by Judge Walter H. Rice on 4/6/2017. (srb)

Date Filed

Document Text

August 29, 2017

Filing 16 DECISION AND ENTRY OVERRULING AS MOOT DEFENDANT'S MOTION TO SET ASIDE CLERK'S ENTRY OF DEFAULT (DOC. # 10 ); SUSTAINING DEFENDANT'S AMENDED MOTION TO SET ASIDE CLERK'S ENTRY OF DEFAULT (DOC. # 15 ); VACATING CLERK'S ENTRY OF DEFAULT (DOC. # 8 ). Signed by Judge Walter H. Rice on 8/29/2017. (pb)

April 6, 2017

Filing 6 ORDER - On March 6. 2017, Casey Cain, who is identified as Director of Human Resources, Gayston Corporation, filed a pleading purporting to be a pro se Answer on behalf of the Defendant corporation. (Doc. 5 ). It is well settled that a corporatio n cannot appear in federal court except through an attorney. Rowland v. California Men 's Colony, 506 U.S. 194, 201-202(1993); Doherty v. American Motors Corp., 728 F. 2d 334, 340 (6th Cir. 1984). Furthermore, it is insufficient that the pers on attempting to represent the corporation is an officer of the corporation. Reich v. Pierce, 45 F. 3d 431, n. 1 (6th Cir. 1994). Therefore, Casey Cain cannot represent the corporate defendant named in this case. Accordingly, Defendant, Gayston Cor poration, must secure counsel to represent it in this case within TWENTY-ONE (1) days of the filing date of this Order, and counsel shall enter an appearance on behalf of Defendant within that time. If Defendant, corporation fails to secure counsel within the allotted time, the Court may consider entering default judgment against Defendant Gayston Corporation. Signed by Judge Walter H. Rice on 4/6/2017. (srb)

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Defendant: Gayston Corporation
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Plaintiff: Laborers' International Union of North America, Local 141
Represented By:	Ryan Keith Hymore
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