IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

NORTHERN DIVISION

DELISA BROWN, :

Plaintiff/Counter-Defendant, :

vs.

:

CEMEX, INC. and AMERICAN

GENERAL LIFE COS, : CA 05-0552-C

Defendants/Counter-Plaintiffs/ :

Third-Party Plaintiffs,

:

vs.

:

TERRELL BROWN, SHATOYA

BROWN, SHANNON BROWN, and :

LARKIN & SCOTT FUNERAL HOME,

:

Third-Party Defendants.

ORDER

The plaintiff/counter-defendant and all third-party defendants are

ORDERED to appear before the Court at 11:00 a.m. on June 22, 2006, in the

United States Courthouse in Selma, Alabama, to discuss their various

interests in the insurance proceeds paid into the registry of this Court by

Case 2:05-cv-00552-C Document 33 Filed 04/17/06 Page 1 of 3
1 The defendants/counter-plaintiffs/third-party plaintiffs, Cemex, Inc. and The

United States Life Insurance Company, NEED NOT APPEAR AT THIS HEARING.

2

United States Life covering the life of James E. Brown, decedent.1 Because a

corporation cannot appear in court other than through counsel, Palazzo v. Gulf

Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985) (“The rule is well established

that a corporation is an artificial entity that can act only through agents, cannot

appear pro se, and must be represented by counsel. . . . The general rule

applies even where the person seeking to represent the corporation is its

president and major stockholder.”), cert. denied, 474 U.S. 1058, 106 S.Ct. 799,

88 L.Ed.2d 775 (1986); see also Federal Trade Commission v. Gem

Merchandising Corp., 1995 WL 623168, *1 (11th Cir. 1995) (“It is well

settled that a corporation is an artificial entity which cannot appear pro se in

legal proceedings but must be represented by counsel. . . . This rule applies

even when the person seeking to represent the corporation is its president and

major stockholder.”), Larkin & Scott Funeral Directors must appear before the

undersigned in Selma on June 22, 2006 through retained counsel. 

During the hearing on June 22, 2006, the Court will not only discuss

with the interested claimants their individuals claims to the proceeds, but, as

well, will discuss with them the defendants’ motion for discharge of further

liability and dismissal with prejudice (Doc. 31; see also Doc. 32). Should any

Case 2:05-cv-00552-C Document 33 Filed 04/17/06 Page 2 of 3
3

of the interested claimants, that is, Delisa Brown, Shannon Brown, Shatoya

Brown, Terrell Brown, or Larkin & Scott Funeral Directors, have any

objection to the defendants’ motion for discharge those objections should be

reduced to writing and filed with this Court on or before May 11, 2006. 

Given the nature of this action and the fact that the Third-Party

Defendants are not shown to have representation (see Docs. 27-30), the Clerk

is directed to serve a copy of this Order on Larkin & Scott Funeral Directors,

Shannon Brown, Shatoya Brown and Terrell Brown by certified mail, return

receipt requested. These parties are advised that they are required to appear

at this hearing and their failure to appear may constitute a waiver of any claim

they may have to the insurance proceeds on deposit with the Court.

DONE and ORDERED this the 14th day of April, 2006.

s/WILLIAM E. CASSADY 

UNITED STATES MAGISTRATE JUDGE

Case 2:05-cv-00552-C Document 33 Filed 04/17/06 Page 3 of 3