Suzhou Parsun Power Machine Co Ltd et al v. Western Import Manufacturing Distribution Group LTD et al

Filing 16

ORDER signed by Judge Rudolph T Randa on 7/2/10 granting 12 Motion to Strike; granting 8 Motion for Extension of Time. Hudson must file an answer on or before July 28, 2010. (cc: all counsel, via USPS to Shelley Hudson) (Randa, Rudolph)(dm)

S u z h o u Parsun Power Machine Co Ltd et al v. Western Import Manufacturing D...ibution Group Ltd et al

D o c . 16

UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF WISCONSIN

S U Z H O U PARSUN POWER MACHINE CO., Ltd., a foreign (Chinese) corporation, and M A R S ELECTRIC, LLC, a Wisconsin limited liability company, P l a i n t if f s , C a s e No. 10-C-398 -vsW E S T E R N IMPORT MANUFACTURING D I S T R I B U T I O N GROUP Ltd., a foreign (Canadian) corporation, SHELLEY A N N E HUDSON, and JOHN HUDSON, Defendants.

D E C IS IO N AND ORDER

O n e of the defendants, Shelley Anne Hudson ("Hudson"), appears pro se on her own b e h a lf and on behalf of defendant Western Import Manufacturing Distribution Group, a C a n a d ian corporation. She requests a 30-day extension to answer the complaint, which is c u r r e n tly due on June 28. Hudson argues that an extension is justified because she is s u f f erin g from an undisclosed medical condition. She also claims that she was traumatized w h e n she witnessed a murder outside of her offices in Nanaimo, British Columbia. A s an initial matter, Hudson can represent herself, but she cannot appear on behalf of W e s te rn Import. See Old Ben Coal Co. v. Office of Workers' Compensation Programs, 476 F .3 d 418, 418-19 (7th Cir. 2007); Rowland v. California Men's Colony, 500 U.S. 194, 2010 2 (1993) ("It has been the law for the better part of two centuries . . . that a corporation may

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a p p e a r in the federal courts only through licensed counsel"). Plaintiffs move to strike on this b a sis , and their motion must be granted. General L.R. 83(e) (E.D. Wis.). The Court will p ro c e ed to resolve Hudson's motion as if it applies only to Hudson.1 In opposition, the plaintiffs, Suzhou Parsun Power Machine Co. and Mars Electric, L L C , claim that Ms. Hudson is being dilatory and has a history of employing dilatory tactics in parallel proceedings before the Trademark Trial and Appeal Board. Specific to this m o tio n , plaintiffs assert that Hudson and Western Import were served with the summons and c o m p la in t on June 7, but Hudson waited until June 23 to request an extension from the p la in tif f s. Plaintiffs also argue that Hudson is obfuscating with respect to her medical c o n d itio n and the murder she allegedly witnessed. According to documents submitted by the p lain tiff s, the murder actually occurred five kilometers from Western Import's location in B ritish Columbia. Even if Ms. Hudson is exaggerating for effect, she did not completely n e g le c t this lawsuit. Ms. Hudson recognizes that she has to answer and she filed a motion f o r an extension before the time to answer had passed. Ultimately, the Court has no reason to disbelieve Ms. Hudson's assertions regarding her health problems at this time, even th o u g h the plaintiffs suggest that she is lying. A brief extension of time will not cause s ig n if ic a n t delay. Therefore, the Court finds good cause to grant an extension. Fed. R. Civ. P . 6(a)(1)(A).

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The third defendant, John Hudson, has not been served.

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N O W , THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY O R D E R E D THAT: 1. 2. 3. P la in t if f s ' motion to strike [D. 12] is GRANTED; H u d s o n ' s motion for an extension of time [D. 8] is GRANTED; and H u d s o n must file an answer on or before July 28, 2010.

D a te d at Milwaukee, Wisconsin, this 2nd day of July, 2010. S O ORDERED,

s / Rudolph T. Randa HON. RUDOLPH T. RANDA U.S. District Judge

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