Aviation Sales, LLC v. People Express Airlines, Inc. et al

Filing 11

MEMORANDUM ORDER Signed by the Honorable Milton I. Shadur on 10/28/2013. Mailed notice by judge's staff. (srb,)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
AVIATION SALES, LLC,
Plaintiff,
v.
PEOPLE EXPRESS AIRLINES, INC.,
et al.,
Defendants.

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No.

13 C 6791

MEMORANDUM ORDER
This Court has received:
1.

the motion of plaintiff Aviation Sales, LLC

(“Aviation Sales”) for the entry of an ex parte judgment by
confession against the three defendants in this action,
which motion has been noticed up for presentment on
October 30, 2013; and
2.

a document captioned “Answer” prepared pro se by

one of those three defendants, Michael Morisi (“Morisi”),
which he seeks to have treated as the answer for all three
defendants.
But Morisi is not a lawyer, so that under the law he cannot act
on behalf of the other two codefendants--People Express Airlines,
Inc. (a corporation) and TEM Enterprises (“TEM”).1

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TEM is sued as “TEM Enterprises d/b/a XTRA Airways,” a
name that conforms to the documents that TEM executed and that
are attached as exhibits to Aviation Sales’ motion. Morisi’s
self-prepared Answer, however, refers to that entity as “TEM
Enterprises LLC.” This Court has no information as to which of
the names in quotation marks is correct, but in either event
Morisi cannot represent that entity either.

Both for that reason and because the Answer does not at all
conform to the requirements of Fed. R. Civ. P. (“Rule”) 8(b), at
this point Aviation Sales’ Complaint has not been met by an
appropriate responsive pleading.
Because the Complaint has not been answered in accordance
with legal requirements, all three defendants should be aware of
their need to respond appropriately on or before the designated
October 30 presentment date.

________________________________________
Milton I. Shadur
Senior United States District Judge
Date:

October 28, 2013

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