BMO Bank N.A. v. SBFS Trucking Inc., et al.

Summary

The court set aside the Clerk’s entries of default against SBFS Trucking Inc. and Barinder Singh Gill after finding good cause based on Gill’s apparent intent to defend the action. The court disregarded the defendants’ filings because the corporation appeared without counsel and Gill’s filing did not comply with Federal Rule of Civil Procedure 8. The court granted the defendants thirty days to file responsive pleadings, directed the clerk to provide Gill with an answer form, and continued the scheduling conference.

Holdings

1. The entries of default against SBFS Trucking Inc. and Barinder Singh Gill were set aside because good cause existed under Federal Rule of Civil Procedure 55(c).
2. SBFS Trucking Inc. may not proceed pro se or be represented by Defendant Gill unless he is a licensed attorney; the corporation must appear through counsel.
3. Gill's February 28, 2025 filing was disregarded because it did not comply with Federal Rule of Civil Procedure 8(b)'s requirements for responding to a complaint.
4. The defendants' separate statements of disputed material facts and supporting evidence were disregarded because no summary-judgment motion had been filed and the documents did not comply with Federal Rule of Civil Procedure 56 or Local Rule 230.

Questions Presented

1. Whether the clerk's entries of default should be set aside for good cause when a pro se defendant's improperly titled filing clearly denied allegations and indicated an intent to defend.
2. Whether SBFS Trucking Inc. could appear through Defendant Gill rather than through licensed counsel.
3. Whether the defendants' separate statements should be disregarded because they were not proper motions under Federal Rule of Civil Procedure 56 or Local Rule 230 and did not comply with Federal Rule of Civil Procedure 8(b).

Disposition

other