Triosim Corporation v. Somarakis Inc., et al.

Summary

The court denied John Somarakis’s motions to set aside a default judgment and stay damages proceedings because he could not represent Somarakis, Inc. pro se and the corporation’s motions were therefore not properly before the court. The court also struck his purported appearance on behalf of Somarakis, Inc. and denied relief as to Somarakis individually because no default judgment had been entered against him and the circumstances did not establish good cause for a stay or extension of time.

Holdings

1. A corporation may litigate in federal court only through counsel licensed to practice there; a corporate principal or shareholder may not represent the corporation pro se.
2. John Somarakis was not entitled to relief from default judgment or a stay in his individual capacity because the court had not entered default or default judgment against him and there was no individual proceeding to stay.
3. The defendants' failure to obtain counsel for nearly a year and failure to participate in four noticed status conferences did not constitute good cause for a stay or extension of time.

Questions Presented

1. Whether John Somarakis, a nonlawyer appearing pro se, could represent Somarakis, Inc. in seeking relief from default judgment and a stay.
2. Whether John Somarakis was entitled to relief from default judgment or a stay in his individual capacity when no default judgment had been entered against him.
3. Whether the circumstances established good cause for a stay or an extension of time to retain counsel.

Disposition

other