Commercial Capital Company, L.L.C. v. American Tow & Recovery, Inc.

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

COMMERCIAL CAPITAL COMPANY, LLC., COREFIRST BANK & TRUST, AND OAKSTAR BANK,

Plaintiffs, Case No. 24-2365-JWB-GEB

v.

AMERICAN TOW & RECOVERY, INC. AND BRYAN A. HERRON,

Defendants.

ORDER This matter comes before the Court on Defendants’ Counsel’s Unopposed Motion to Withdraw (“Motion”) (ECF No. 70). Upon filing their Affidavit in Support (ECF No. 72), counsel’s Motion satisfied the requirements of D. Kan. R. 83.5.5(a) governing withdrawal of attorneys whose client will be left without counsel. Therefore, the Court GRANTS counsel’s Motion and directs the clerk’s office to update the docket with Defendants’ current mailing addresses and telephone numbers as set forth in paragraphs 2 and 3 of counsel’s Motion. Where this is the second time Defendants have been without counsel, Defendant American Tow & Recovery, Inc. (“American Tow”) is again reminded that corporations must be represented by counsel and may not appear pro se in federal court. “As a general matter, a corporation or other business entity can only appear in court through an attorney and not through a non-attorney corporate officer appearing pro se.”1 The Court will not accept pro se filings made on behalf of American Tow. Therefore, it is critical that an attorney enter an appearance on behalf of American Tow no later than October 17, 2025.

American Tow is cautioned failure to comply with court-ordered deadlines and failure to appear at hearings could result in the imposition of serious sanctions, including dismissal of affirmative claims for relief and/or the entry of default judgment against the disobedient party.

IT IS THEREFORE ORDERED that Defendants’ Counsel’s Unopposed Motion to Withdraw (ECF No. 70) is GRANTED.

IT IS FURTHER ORDERED the deadline for an attorney enter an appearance on behalf of American Tow & Recovery, Inc. is October 17, 2025. IT IS SO ORDERED. Dated this 16th day of September, 2025 at Wichita, Kansas.

s/ Gwynne E. Birzer GWYNNE E. BIRZER U.S. Magistrate Judge

1 Harrison v. Wahatoyas, L.L.C., 253 F.3d 552, 556-57 (10th Cir. 2001) (citing Flora Constr. Co. v. Fireman’s Fund Ins. Co., 307 F.2d 413, 414 (10th Cir.1962) (“The rule is well established that a corporation can appear in a court of record only by an attorney at law.”)).