1 In order to practice law before the bench of the Eastern District of Michigan, an

attorney must be admitted to the district. See E.D. Mich. LR 83.20. “Practice” includes

signing a paper. E.D. Mich. LR 83.20(a)(1). 

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

 

LYNCH & CO. FUNERAL DIRECTORS, PLLC,

et al.,

Plaintiffs,

v.

Case No. 08-CV-13949-DT

FUNERAL ETHICS ORGANIZATION, INC., et

al.,

Defendants.

/

OPINION AND ORDER STRIKING MOTION TO DISMISS AND REQUEST TO SET

ASIDE CLERK’S ENTRY OF DEFAULT, SUSPENDING ACTION AGAINST

DEFENDANT FUNERAL ETHICS ORGANIZATION, 

AND SETTING A SCHEDULING CONFERENCE

On October 29, 2008, Defendant Elizabeth Carlson filed two documents,

purportedly on behalf of Defendant Funeral Ethics Organization, Inc. (“FEO”): (1) a

motion to dismiss and (2) a request to set aside the clerk’s entry of default. Ordinarily,

parties are permitted to proceed either personally or by counsel. However, “[i]t has

been the law for the better part of two centuries[,] . . . that a corporation may appear in

federal courts only through licensed counsel.” Rowland v. Cal. Men’s Colony, 506 U.S.

194, 201-02 (1993) (dictum) (citing Osborn v. President of the Bank of United States, 9

Wheat. 738, 829 (1824)). Thus, a corporation cannot properly be “represented” in court

by its owners, officers or anyone else who is not an attorney admitted to practice.1

 See

28 U.S.C. § 1654; Doherty v. Am. Motors Corp., 728 F.2d 334, 340 (6th Cir. 1984) (“The
2In the event that counsel for Defendant FEO timely files an appearance, the

court is strongly inclined to set aside the clerk’s entry of default, either upon motion or

stipulation. 

2

rule of this circuit is that a corporation cannot appear in federal court except through an

attorney.”); Ginger v. Cohn, 426 F.2d 1385, 1386 (6th Cir. 1970) (“An officer of a

corporation, who is not a licensed attorney, is not authorized to make an appearance in

this Court on behalf of the corporation.”); United States v. 9.19 Acres of Land, More or

Less, Situate in Marquette County, Mich., 416 F.2d 1244, 1245 (6th Cir. 1969) (“The

United States District Court was clearly correct in ruling that a corporate president may

not represent his corporation before a federal court.”). 

Although Elizabeth Carlson is apparently the registered agent for FEO, she

cannot represent it in this litigation. The court will therefore strike the documents she

attempted to file on FEO’s behalf. The court will give FEO additional time to retain an

attorney, and will suspend any activity against FEO in the meantime. Accordingly,

IT IS ORDERED that Defendant FEO’s motion to dismiss [Dkt. # 13] and request

to set aside the clerk’s entry of default [Dkt. # 14] are hereby STRICKEN from the

docket of this court. 

IT IS FURTHER ORDERED that FEO shall, on or before December 5, 2008,

obtain counsel and have counsel file an appearance with the court. 

IT IS FURTHER ORDERED that all action against FEO is SUSPENDED until

further order of the court. In the event no appearance is filed by December 5, 2008, the

court will lift the suspension, and Plaintiffs will be allowed to pursue entry of a default

judgment against FEO.2
S:\Cleland\JUDGE'S DESK\C3 ORDERS\08-13949.LYNCH.StrikeCorporationAttorney.chd.wpd

3

Finally, the court will conduct a scheduling conference in chambers on

December 16, 2008 at 11:00 a.m.

 S/Robert H. Cleland 

ROBERT H. CLELAND

UNITED STATES DISTRICT JUDGE

Dated: November 14, 2008

I hereby certify that a copy of the foregoing document was mailed to counsel of record

on this date, November 14, 2008, by electronic and/or ordinary mail.

 S/Lisa G. Wagner 

Case Manager and Deputy Clerk

(313) 234-5522