Opinion
Case No. 2:07-cv-1261.
June 11, 2009
ORDER
This matter is before the Court on the Magistrate Judge's October 6, 2008 Report and Recommendation recommending that Defendant's motion to set aside the entry of default (Document 16) be granted and that Plaintiff's September 4, 2008 motion for default judgment and injunctive relief (Document 17) be denied.
The Court has concerns as to the legal representation of Defendant Bichard Farm Family Limited Partnership. A partnership may not be represented pro se, but must be represented by a licensed attorney. See First Amendment Found. v. Brookfield, 575 F. Supp. 1207 (N.D. Ill. 1983) (holding that corporations, partnerships, and other unincorporated organizations must be represented in court by attorneys admitted to practice, and may not appear through an officer or other lay representative) (citing Strong Delivery Ministry Ass'n v. Bd. of Appeals, 543 F.2d 32 (7th Cir. 1976); Move Org. v. U.S. Dep't of Justice, 555 F. Supp. 684, 692-93 (E.D. Pa. 1983); Turner v. Am. Bar Ass'n, 407 F. Supp. 451, 476 (N.D. Tex., W.D. Pa., N.D. Ind., D. Minn., S.D. Ala., W.D. Wis. 1975); Pilla v. Am. Bar Association, 542 F.2d 56 (8th Cir. 1976)).
This matter will be set for hearing on June 29, 2009 at 9 a.m. by separate notice from the Clerk.