Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

In re Le Chateau Art Gallery and Custom Framing, LLC

United States District Court, Eastern District of Michigan, Southern Division

January 30, 2015

In re Le Chateau Art Gallery and Custom Framing, LLC, Debtor.
v.
Basil T Simon, State Court Receiver of Le Chateau Art Gallery and Custom Framing, LLC, Appellee. Eric Justin Dietrich, Appellant,

Mona K. Majzoub, Magistrate Judge

ORDER GRANTING APPELLEE’S MOTION TO DISMISS [11]

Arthur J. Tarnow, Senior United States District Judge

Before the Court is Appellee’s Motion to Dismiss [11] and Appellant’s Response [18].[1] For the following reasons, Appellee’s Motion to Dismiss [11] is GRANTED and this case is DISMISSED WITH PREJUDICE.

This appeal is one in a series of similar appeals filed by Appellant and his father, Edgar Dietrich, in several courts. Several courts have already held that Appellant and his father do not have standing to bring the claims in this case. Michigan Judge Marci McIvor found Debtor Le Chateau Art Gallery & Custom Framing, LLC (the “Gallery”) to be under the sole control of Appellee Basil T. Simon, in his capacity as the state court appointed receiver over the Gallery and the Chapter 7 trustee over the Estate of Edgar J. Dietrich. Appellant has been previously adjudged to have no authority to speak on behalf of the Gallery. (Ex. A). Further, a corporation may only appear via an attorney, so, as previous courts have stated, Eric Dietrich does not have authority to bring this case. United States v. 9.19 Acres of Land, More or Less, in Marquette County, Mich., 416 F.2d 1244, 1245 (6th Cir. 1969) (holding a corporation may not appear otherwise than through attorney and may not be represented by its president in federal court).

Accordingly, the Court being fully advised in the premises, IT IS ORDERED that Appellee’s Motion to Dismiss [11] is GRANTED.

IT IS ORDERED that Debtor-Appellant’s Motions to Recuse Magistrate Judge Mona K. Majzoub [7, 22] are DENIED.

IT IS FURTHER ORDERED that this case is DISMISSED WITH PREJUDICE.

SO ORDERED.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.