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First Franklin Financial Corp. v. Reliable Capital Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


January 12, 2009

FIRST FRANKLIN FINANCIAL CORPORATION, PLAINTIFF,
v.
RELIABLE CAPITAL CORPORATION, MONIQUE M. JOHNSON AND REGINALD JOHNSON, DEFENDANTS.

The opinion of the court was delivered by: Lindsay, Magistrate Judge

ORDER

The court is in receipt of a letter from the defendant Monique Johnson dated December 30, 2008. The letter purports to be a narrative statement submitted on behalf of the defendant Reliable Capital Corporation ("Reliable"). Ms. Johnson states that she is representing Reliable, but the court cannot accept the letter. Reliable cannot be represented by a lay person and must retain counsel or risk a default judgment being entered against it. See Eagle Assocs. v. Bank of Montreal, 926 F.2d 1305 (2d Cir. 1991) (holding that 28 U.S.C. § 1654 precludes a corporation from appearing through a lay representative). Accordingly, the court returns the letter to Ms. Johnson. On or before, February 12, 2009, Reliable shall advise the court, in writing, whether it has retained counsel.

SO ORDERED:

ARLENE R. LINDSAY United States Magistrate Judge

20090112

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