Southeastern Hospitality Partners, LLC v. Independent Specialty Insurance Company ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA SOUTHEASTERN HOSPITALITY PARTNERS, CIVIL ACTION D/B/A COMFORT SUITES VERSUS NO. 22-3771 INDEPENDENT SPECIALTY INSURANCE SECTION “B”(4) COMPANY ORDER AND REASONS Considering Alvendia Kelly Demarest, LLC and Burgos and Associates’ motion to withdraw counsel of record (Rec. Doc. 7), IT IS ORDERED that the motion is GRANTED. The motion and attachment (Rec. Docs. 7, 7-1) aver that plaintiff apparently found new counsel, who have not yet enrolled. Accordingly, counsel from Alvendia, Kelly & Demarest, LLC and Burgos & Associates are hereby WITHDRAWN as counsel of record for plainti ff Southeastern Hospitality Partners D/B/A Comfort Suites in the above-captioned matter. IT IS FURTHER ORDERED that plaintiff shall enroll new counsel no later than Monday, December 12, 2022. It is well-established that a Limited Liability Company, such as the plaintiff in the above-captioned matter, must be represented by counsel: “Because a LLC is a separate entity, a member that is not a licensed attorney may not represent the LLC in court.” Am. Safety LLC v. Alger, No. CV 20-3451, 2021 WL 1753808, at *2 (E.D. La. May 4, 2021); see also K.M.A., Inc. v. General Motors Acceptance Corp., 652 F.2d 398, 399 (5th Cir.1982) (“the law is clear that a corporation as a fictional legal person can only be represented by licensed counsel.”). Failure to timely comply with this order may lead to sanctions without further notice; including dismissal of petition or defenses. New Orleans, Louisiana this 28th day of November, 2022 ___________________________________ SENIOR UNITED STATES DISTRICT JUDGE