Securities and Exchange Commission v. OVO Wealth Management, LLC et al

Filing 46

ENTRY AND ORDER GRANTING THE SEC'S MOTION TO STRIKE ANSWER OF WMA ENTERPRISES, LLC; MIDWEST GREEN RESOURCES, LLC; AND OVO WEALTH MANAGEMENT, LLC ANDFOR ENTRY OF DEFAULT (DOC. 44 ) : Mr. Aposteloss Answer on his own behalf shall remain in the re cord, however since no valid answer or motion by the Corporate Entity Defendants has been filed in response to the Complaint within the time limit fixed by the Court, the Corporate Entity Defendants are in default. The Court therefore directs the Clerk to enter a default against WMA, Midwest Green and OVO. Signed by Judge Thomas M. Rose on 7/20/18. (ep)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
UNITED STATES SECURITIES
AND EXCHANGE COMMISSION,
Plaintiff,
v.
WILLIAM M. APOSTELOS, et al.,
Defendants.

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Case No. 1:15-cv-699
Judge Thomas M. Rose

ENTRY AND ORDER GRANTING THE SEC’S MOTION TO STRIKE
ANSWER OF WMA ENTERPRISES, LLC; MIDWEST GREEN RESOURCES,
LLC; AND OVO WEALTH MANAGEMENT, LLC AND
FOR ENTRY OF DEFAULT (DOC. 44)
This case is before the Court on the Motion to Strike Answer of WMA Enterprises, LLC
(“WMA”); Midwest Green Resources, LLC (“Midwest Green”); and OVO Wealth Management,
LLC (“OVO”) and for Entry of Default (Doc. 44) filed by Plaintiff United State Securities and
Exchange Commission (“SEC”). On April 19, 2018, Defendant William M. Apostelos filed an
Answer on his own behalf and on behalf of WMA, Midwest Green and OVO (the “Corporate
Entity Defendants”).

Prior to that filing, the Court had informed Mr. Apostelos, who is

proceeding pro se, that the Corporate Entity Defendants may appear in federal court only through
licensed counsel and may not be represented by him. (Doc. 22.) In the interim between the
Court’s Order and Mr. Apostelos’s Answer, the law has not changed. Corporate entities still may
only appear in federal court through licensed counsel. Rowland v. California Men’s Colony, Unit
II Men’s Advisory Council, 506 U.S. 194, 201-02 (1993); Taylor Steel, Inc. v. Keeton, 417 F.3d
598, 603 (6th Cir. 2005). Mr. Apostelos is not a licensed attorney. The Answer he filed on

behalf of the Corporate Entities therefore is not valid and shall be stricken. The Court GRANTS
the SEC’s Motion to Strike (Doc. 44). (The Clerk shall not strike the entire pleading, however,
because Mr. Apostelos’s Answer on his own behalf shall remain in the record. This Order strikes
only those portions of the Answer purporting to be filed on behalf of the Corporate Entity
Defendants.)
Because no valid answer or motion by the Corporate Entity Defendants has been filed in
response to the Complaint within the time limit fixed by the Court, the Corporate Entity Defendants
are in default. The Court therefore directs the Clerk to enter a default against WMA, Midwest
Green and OVO.
DONE and ORDERED in Dayton, Ohio, this Friday, July 20, 2018.

s/Thomas M. Rose
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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