Board of Education of the Springfield City School District v. HBH Technology Inc

S.D. Ohio

Board of Education of the Springfield City School District v. HBH Technology Inc

District Court, S.D. Ohio·Decided December 4, 2019·No. 3:17-cv-00330·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

BOARD OF EDUCATION OF THE : Case No. 3:17-cv-330 SPRINGFIELD SCHOOL DISTRICT, : : District Judge Thomas M. Rose Plaintiff, : Magistrate Judge Sharon L. Ovington : vs. : : HBH TECHNOLOGY, INC., et al., : Defendants. :

ORDER

On November 14, 2018, United States District Judge Thomas M. Rose granted Attorney Bryce A. Lenox’s Motion to Withdraw as Attorney (Doc. #16) and granted Defendant HBH Technology, Inc. (formerly known as Computer Automation Systems, Inc.) until December 14, 2018 to acquire counsel or face possible sanctions including default judgment. Defendant HBH Technology did not acquire counsel. It is well settled that corporations, partnerships, and associations cannot appear in federal court except through a licensed attorney. Rowland v. California Men’s Colony, 506 U.S. 194, 201-02 (1993); Doherty v. American Motors Corp., 728 F.2d 334, 340 (6th Cir. 1984) (“[A] corporation cannot appear in federal court except through an attorney.”). It is, moreover, insufficient that the person attempting to represent a business entity is one of its officers. Ginger v. Cohn, 426 F.2d 1385, 1386 (6th Cir. 1970). Defendant HBH Technology must therefore retain a trial attorney. Defendant’s attorney shall file a notice of appearance in this case on or before January 3, 2020. Upon the filing of a notice of appearance, the case will proceed further. Defendant HBH Technology is advised that failure to timely comply with this Order to obtain new counsel may result in sanctions.

The Clerk of Court is directed to mail a copy of this Order to Defendant HBH Technology, Inc. at the following addresses: HBH Technology, Inc. f/k/a Computer Automation Systems, Inc. PO Box 590 Mountain Home, AR 72654

and

HBH Technology, Inc. f/k/a Computer Automation Systems, Inc. 2351 CR 57 Mountain Home, AR 72653

IT IS THEREFORE ORDERED THAT: Defendant HBH Technology, Inc. shall retain a licensed attorney to represent it in this case, and on or before January 3, 2020, Defendant’s attorney shall file a notice of appearance in this case. December 3, 2019 s/Sharon L. Ovington Sharon L. Ovington United States Magistrate Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

BOARD OF EDUCATION OF THE : Case No. 3:17-cv-330 SPRINGFIELD SCHOOL DISTRICT, : : District Judge Thomas M. Rose Plaintiff, : Magistrate Judge Sharon L. Ovington : vs. : : HBH TECHNOLOGY, INC., et al., : Defendants. :

ORDER

On November 14, 2018, United States District Judge Thomas M. Rose granted Attorney Bryce A. Lenox’s Motion to Withdraw as Attorney (Doc. #16) and granted Defendant HBH Technology, Inc. (formerly known as Computer Automation Systems, Inc.) until December 14, 2018 to acquire counsel or face possible sanctions including default judgment. Defendant HBH Technology did not acquire counsel. It is well settled that corporations, partnerships, and associations cannot appear in federal court except through a licensed attorney. Rowland v. California Men’s Colony, 506 U.S. 194, 201-02 (1993); Doherty v. American Motors Corp., 728 F.2d 334, 340 (6th Cir. 1984) (“[A] corporation cannot appear in federal court except through an attorney.”). It is, moreover, insufficient that the person attempting to represent a business entity is one of its officers. Ginger v. Cohn, 426 F.2d 1385, 1386 (6th Cir. 1970). Defendant HBH Technology must therefore retain a trial attorney. Defendant’s attorney shall file a notice of appearance in this case on or before January 3, 2020. Upon the filing of a notice of appearance, the case will proceed further. Defendant HBH Technology is advised that failure to timely comply with this Order to obtain new counsel may result in sanctions.

The Clerk of Court is directed to mail a copy of this Order to Defendant HBH Technology, Inc. at the following addresses: HBH Technology, Inc. f/k/a Computer Automation Systems, Inc. PO Box 590 Mountain Home, AR 72654

and

HBH Technology, Inc. f/k/a Computer Automation Systems, Inc. 2351 CR 57 Mountain Home, AR 72653

IT IS THEREFORE ORDERED THAT: Defendant HBH Technology, Inc. shall retain a licensed attorney to represent it in this case, and on or before January 3, 2020, Defendant’s attorney shall file a notice of appearance in this case. December 3, 2019 s/Sharon L. Ovington Sharon L. Ovington United States Magistrate Judge

Board of Education of the Springfield City School District v. HBH Technology Inc, (S.D. Ohio 2019).

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