Summary
The United States District Court for the District of Oregon denied Allbound Carriers, Inc.'s motion to amend an oral order requiring it to obtain substitute counsel. The court held that, because a corporation cannot represent itself, failure to obtain counsel by January 5, 2026, would result in striking Allbound's answer and entering default against it.
Topics
Practice areas
Questions Presented
- Whether a corporate defendant may be permitted to remain in the action without counsel after the court ordered it to retain substitute counsel.
- Whether the court may strike the corporate defendant's answer and enter default for failure to retain counsel.
Holdings
- The court denied the motion to amend; a corporate defendant must retain counsel within the time ordered, and failure to do so will result in striking the answer and entering default.
- If Allbound does not file a notice of appearance by January 5, 2026, the court will strike its answer and enter default.
Key quotations
“It is a longstanding rule that corporations and other unincorporated associations must appear in court through an attorney.” (at 1)
Factual background
Plaintiff sued several corporate defendants for wrongful death arising from a vehicle accident. Allbound, a corporate defendant, was unable to retain counsel and sought to remain in the case without an attorney.
Procedural history
Plaintiff filed a wrongful‑death action on December 22, 2021. Allbound filed an answer on February 10, 2022. On September 11, 2025 the defendants' counsel moved to withdraw; the court granted the motion and ordered Allbound to obtain substitute counsel within ninety days. Allbound later moved to amend that order; the court denied the motion on October 10, 2025.