Case 1:10-cv-00897-RJL Document 15 Filed 06/29/10 Page 1 of 4

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

)
DANIEL PARISI, et al., )
)
Plaintiffs, )
v. ) Civil Action No. 10-0897-RJL
)
LAWRENCE W. SINCLAIR a/k/a “Larry Sinclair”, et al., )
)
Defendants. )
)

PLAINTIFFS’ RESPONSE TO MOTION

FOR EXTENSION OF TIME TO FILE ANSWER

Plaintiffs, Daniel Parisi, Whitehouse.com Inc., Whitehouse Network LLC, and White

House Communications Inc. (collectively referred to as “plaintiffs”), respond to the belatedly

filed motion for an extension of time to answer the complaint filed by Lawrence W. Sinclair

a/k/a Larry Sinclair) (“Sinclair”) and his self-publishing corporation, Sinclair Publishing, Inc.

(“SPI”). (Dkt. No. 14). The complaint arises from Sinclair’s book, entitled “Barack Obama and

Larry Sinclair: Cocaine, Sex, Lies and Murder?” In the book, Sinclair, a convicted criminal (Ex.

A), makes wild and defamatory statements about the plaintiffs.

ARGUMENT

Plaintiffs filed this case on May 28, 2010, and Sinclair and SPI were served on June 7,

2010. (Dkt. Nos. 3, 4). Those defendants had until June 28, 2010 to file their answer. In

response to a request, plaintiffs’ counsel stated that he would discuss an appropriate extension of

time with counsel for Sinclair and SPI. (Dkt. No. 14 Ex. 1). However, it appears that Sinclair

has made no serious effort to find counsel for himself and SPI. On June 29, one day after their

answer was due, Sinclair and SPI filed a motion to extend. It should be denied.
 Case 1:10-cv-00897-RJL Document 15 Filed 06/29/10 Page 2 of 4

First, Sinclair signed the motion on behalf of SPI, a Florida corporation. (Ex. B). He is

not an attorney, let alone a member of the Bar of this Court. It is well-established that a

corporation cannot appear pro se and must be represented by counsel. See, e.g., 29 U.S.C. §

1654; Rowland v. California Men’s Colony, 506 U.S. 194, 202 (1993); K.M.A., Inc. v. Gen.

Motors Acceptance Corp., 652 F.2d 398, 399 (5th Cir. 1981); Palazzo v. Gulf Oil Corp., 764

F.2d 1381, 1384-86 (11th Cir. 1985); Flynn v. Thibodeaux Masonry, Inc., 311 F. Supp. 2d 30, 37

(D.D.C. 2004); Lennon v. McClorey, 3 F. Supp. 2d 1461, 1462 n.1 (D.D.C. 1998). Because SPI

is not so represented, its motion should be denied.

Second, Sinclair and SPI’s motion indicates that they need additional time to find

counsel. However, the motion does not recite that they have made any effort to do so or have

tried and been unable to retain counsel. Absent such a showing and given plaintiffs’ willingness

to agree to an appropriate extension to counsel,1 it is reasonable to conclude that Sinclair and SPI

are seeking the additional time merely to delay this case. Delay is particularly inappropriate

here, where Sinclair and SPI have publicly accused plaintiffs and plaintiffs’ counsel of lying and

other nefarious conduct since the complaint in this case was filed. (Ex. C).2

CONCLUSION

For all the foregoing reasons, the motion for an extension of time should be denied.

1
Plaintiffs have agreed to extensions requested by defendants Barnes & Noble and
Books-A-Million.
2
Sinclair's website also includes an unauthorized use of the copyrighted photograph of
plaintiffs' counsel. (http://www.larrysinclair.com/Parisi-v-Sinclair.html).

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 Case 1:10-cv-00897-RJL Document 15 Filed 06/29/10 Page 3 of 4

Dated: June 29, 2010 Respectfully submitted,

/s/ Richard J. Oparil

Richard J. Oparil (D.C. Bar No. 409723)
PATTON BOGGS LLP
2550 M Street, NW
Washington, DC 20037
(202) 457-6000
(202) 457-6315 (fax)

Attorneys for Plaintiffs

Of Counsel:

Kevin M. Bell (Bar No. 14382)

PATTON BOGGS LLP
8484 Westpark Drive
McLean, VA 22102
(703) 744-8000
(703) 744-8001 (fax)

5102877

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 Case 1:10-cv-00897-RJL Document 15 Filed 06/29/10 Page 4 of 4

CERTIFICATE OF SERVICE

I hereby certify that on June 29, 2010, a copy of the foregoing was served on counsel for

the parties that have appeared in the case by the Court’s ECF system and on the following by

email and first class mail:

Lawrence W. Sinclair
Sinclair Publishing, Inc.
9 Spring Drive
Port Orange, FL 32129
larry@larrysinclair4congress.com

Sinclair Publishing, Inc.

9 Spring Drive
Port Orange, FL 32129
sinclairpublishinginc@sinclairpublishingllc.com

s/ Richard J. Oparil
Richard J. Oparil (DC Bar No. 409723)

5102877