Free Order on Motion to Compel - District Court of Delaware - Delaware


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Date: June 26, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1:05-cv—00881-SLR Document 18 Filed 06/26/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EDWINA HARTUNG, )
Plaintiff, g
v. g Civ. N0. 05-881-SLR
FIRST STATE DINING CORP., g
d/b/a GATOR’S SPORTS BAR, )
Defendant. ;
O R D E R
At Wilmington this 26th day of June, 2007, having conferred with counsel;
IT IS ORDERED that;
1. The motion to withdraw as counsel for defendant (D.l. 17) is granted, and
James S. Green, Sr., Esquire, Kevin A. Guerke, Esquire, and the law firm of Seitz, Van
Ogtrop & Green, P.A. are no longer counsel for defendant First State Dining Corp. in
the above captioned litigation.
2. A corporation, however, cannot represent itself or be represented by its
president or officers; it can only be represented by an attorney admitted to practice law.
See James v. Daley and Lewis, et al., 406 F. Supp. 645, 648 (D. Del. 1976). Therefore,
on or before August 31, 2007, defendant First State Dining Corp. must retain new
counsel, or judgment shall be entered against it for failure to defend.
3. Plaintiffs motion to compel (D.l. 14) is denied without prejudice to renew,

Case 1:05-cv-00881-SLR Document 18 Filed 06/26/2007 Page 2 of 2
should defendant retain new counsel and the case move forward on the merits.
United Stges District Judge
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