Joe Hand Promotions, Inc. v. Ashley Tavern & Ballroom LLC et al

Filing 15

ORDER re 14 Answer filed by Leonard S. Kurzynski, Ashley Tavern & Ballroom LLC. Defendant Ashley Tavern & Ballroom to file answer by 12/18/12. Signed by Magistrate Judge Stephen L. Crocker on 11/26/12. (rep),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

JOE HAND PROMOTIONS, INC.,
Plaintiff,
v.

ORDER
12-cv-580-wmc

ASHLEY TAVERN & BALLROOM LLC
d/b/a Ashley Tavern & Ballroom; and
LEONARD S. KURZYNSKI, individually and as
a member of Ashley Tavern & Ballroom LLC,
Defendants.

Plaintiff Joe Hand Promotions, Inc. has brought this action against defendants Ashley
Tavern & Ballroom LLC and Leonard S. Kurzynski claiming that they unlawfully exhibited a
televised ultimate fighting contest without plaintiff’s authorization. On November 26, 2012,
defendants Ashley Tavern & Ballroom and Leonard S. Kurzynski filed an answer signed by
Kurzynski, who does not appear to be a licensed attorney.
Under Fed. R. Civ. P. 11, “[e]very pleading, written motion, and other paper must be
signed by at least one attorney of record in the attorney’s name—or by a party personally if the
party is unrepresented.” It is well established that a corporation may appear in the federal courts
only through licensed counsel. Rowland v. California Men's Colony, 506 U.S. 194, 201-02 (1993);
Muzikowski v. Paramount Pictures Corp., 322 F.3d 918, 924 (7th Cir. 2003). This rationale
“applies equally to all artificial entities,” Rowland, 506 U.S. at 202, including limited liability
companies or partnerships. E.g., United States v. Hagerman, No. 08-2670, slip op. at 4-5 (7th Cir.
Sept. 26, 2008); Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007); Kipp v. Royal & Sun
Alliance Personal Ins. Co., 209 F. Supp. 2d 962, 963 (E.D. Wis. 2002). Thus defendant Ashley
Tavern & Ballroom ‘s answer has not been properly filed because it is not signed by an attorney.

Kipp, 209 F. Supp. 2d 962, involved a situation similar to this one. After the defendant
limited liability company filed an answer that was signed by an individual who was not an
attorney, the court treated the answer as unsigned, gave the defendant a chance to file another
answer signed by counsel and warned the defendant that failure to comply with its order would
result in entry of default. Id. at 963. This is the appropriate course of action in this case.
Therefore, I will give defendant Ashley Tavern & Ballroom until December 18, 2012 to retain
counsel and file a new answer. If, by then, defendant Ashley Tavern & Ballroom LLC does not
file an answer signed by counsel, I will ask the clerk to enter default against it pursuant to Fed.
R. Civ. P. 55(a).

ORDER
IT IS ORDERED that defendant Ashley Tavern & Ballroom LLC may have until
December 18, 2012, in which to file an answer that complies with Fed. R. Civ. P. 11(a). If
defendant Ashley Tavern & Ballroom fails to file a proper answer by December 18, 2012, the
court may, on its own motion or a motion from plaintiff, order the clerk of court to enter default
against this defendant.

Entered this 26th day of November, 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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