Sonosuite SL, a Spanish limited liability company v. Rhapsody International Inc., a Delaware Corporation

Summary

The United States District Court for the Western District of Washington orders Defendant Rhapsody International Inc. to appear through licensed counsel and show cause why its answer should not be stricken and default entered after prior counsel withdrew. The Court renotes the plaintiff’s motion for entry of default and sets deadlines for Rhapsody to obtain counsel and respond.

Holdings

1. A corporation may not appear pro se in federal court and must appear through licensed counsel.
2. The Court may consider entry of default against a corporate defendant that fails to obtain substitute counsel and participate in the litigation after being ordered to do so, but the defendant must first be given an opportunity to show cause and due process must be respected.

Questions Presented

1. Whether a corporation may proceed in federal court without licensed counsel after its attorney withdraws.
2. Whether the Court may require a corporation that remains unrepresented after an order to obtain substitute counsel to show cause why its answer should not be stricken and default entered as a sanction.

Disposition

other