Opinion

Hammer Brand, LLC v. Voro Inc.

Court
District Court, M.D. Florida
Filed
Dec 19, 2023
Cited by
0 cases
Authority
More cited than 20.0%

“The rule is well established that a corporation is an artificial entity that . . . cannot appear pro se and must be represented by counsel.”

How later courts described this case

  • “The rule is well established that a corporation is an artificial entity that . . . cannot appear pro se and must be represented by counsel.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

HAMMER BRAND, LLC

d/b/a WOLF BRAND SCOOTERS,

Plaintiff,

v. Case No.: 8:23-cv-1272-KKM-UAM

VORO INC., et al.

Defendants.

____________________________________/

ORDER

Plaintiff Hammer Brand, LLC moves for entry of clerk’s default against

Defendant Amped Adventure LLC. (Doc. 98).

Federal Rule of Civil Procedure 55(a), which governs the entry of default,

provides that “[w]hen a party against whom a judgment for affirmative relief

is sought has failed to plead or otherwise defend, and that failure is shown by

affidavit or otherwise, the clerk must enter the party’s default.” (emphasis

added). However, “[d]efault is to be used sparingly,” as cases should be

adjudicated on their merits. Mitchell v. Brown & Williamson Tobacco Corp.,

294 F.3d 1309, 1316 (11th Cir. 2002).

Hammer Brand, LLC moved for a clerk’s default against Amped

Adventure LLC on December 18, 2023. (Doc. 98). However, Amped Adventure

LLC filed a “Response to Civil Actions Summons” letter on November 11, 2023.

(See Doc. 77). Although this letter is not a proper response to the complaint

under the Federal Rules of Civil Procedure, entry of a clerk’s default is not

appropriate. See 2007 Advisory Committee Notes to Fed. R. Civ. P. 55(a)

(courts routinely reject default where party shows intent to defend even if not

connected with any rule).

Accordingly, it is ORDERED:

(1) Hammer Brand, LLC’s motion for entry of clerk’s default against

Amped Adventure LLC (Doc. 98) is DENIED.

(2) Corporate defendant Amped Adventure LLC is put on notice that

a corporation cannot represent itself and must obtain counsel admitted to

practice before this court. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385

(11th Cir. 1985) (“The rule is well established that a corporation is an artificial

entity that . . . cannot appear pro se and must be represented by counsel.”).

Corporate defendant Amped Adventure LLC must retain counsel, who must

file a proper response to the complaint by January 31, 2024.

(3) The Clerk is DIRECTED to mail a copy of this order to: Gordan

Smith, 17191 Bothell Way NE, Unit B102, Lake Forest Park, WA 98155.

ORDERED in Tampa, Florida on December 19, 2023.

Aranda. Arno Sasone_

AMANDA ARNOLD SANSONE

United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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