Allia Allia, et al. v. Timothy Percy Bussman, et al.

Summary

The court granted plaintiffs’ motion to strike Humboldt Heals’ answer because the limited liability company was unrepresented by counsel in federal court. The court directed the Clerk to enter default against Humboldt Heals and ordered plaintiffs to file a motion for default judgment under Federal Rule of Civil Procedure 55(b) within 60 days.

Holdings

1. A limited liability company may not appear in federal court except through counsel admitted to practice before the court.
2. The court may strike the answer of an unrepresented limited liability company and direct entry of default when the company fails to obtain counsel after counsel’s withdrawal.

Questions Presented

1. Whether the court could strike a limited liability company’s answer when the company failed to obtain counsel after its attorney withdrew.
2. Whether default should be entered against the limited liability company after its answer was stricken for failure to appear through counsel.

Disposition

other