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Toliver v. Broad Ripple Village Association

United States District Court, S.D. Indiana, Indianapolis Division

February 19, 2015

MICHAEL TOLIVER, Plaintiff,
v.
BROAD RIPPLE VILLAGE ASSOCIATION, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, INDIANAPOLIS DEPARTMENT OF PUBLIC SAFETY — DIVISION OF HOMELAND SECURITY, TRI ENTERTAINMENT CORPORATION doing business as LANDSHARKS, NYX NIGHTCLUB, LATITUDE 39 GROUP, LLC, CITY OF INDIANAPOLIS, Defendants.

ORDER

JANE MAGNUS-STINSON, District Judge.

On January 15, 2015, Plaintiff filed a Second Amended Complaint in this action. [Filing No. 24]. That pleading asserts claims against multiple defendants, including Defendant Latitude 39 Group, LLC ("Latitude"). On February 17, 2015, Joshua Cossey attempted to file an Answer to Plaintiff's Amended Complaint, [Filing No. 19], which is no longer the operative complaint in this litigation. Mr. Cossey has not entered an appearance on behalf of Latitude, and it is unclear if he is a licensed attorney.[1] [Filing No. 35 at 6 (identifying him as "General Counsel & Senior VP" but with no attorney number of state of licensure]; see Local Rule 83-5 (Bar Admission requirement). Latitude cannot litigate on its own behalf. See United States v. Hagerman, 545 F.3d 579, 581-82 (7th Cir. 2008) (holding that limited liability companies, like corporations, cannot represent themselves pro se in litigation).

For these reasons, the Court STRIKES Latitude's Answer. [Filing No. 35.] If Mr. Cossey is an attorney licensed to practice before this Court, he should file a Notice of Appearance on behalf of Latitude and then file an Answer to the Second Amended Complaint, [Filing No. 24], on Latitude's behalf. If Mr. Cossey is an attorney but is not a member of the bar of this Court, he should move for pro hac vice admission on behalf of Latitude pursuant to Local Rule 83-6 if he meets the requirements to do so.


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