GLOBAL WEATHER PRODUCTIONS, LLC
v.
STUDIO 239 LLC
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In a copyright-infringement action, the court granted plaintiff's motion to strike defendant Studio 239 LLC's answer filed by its unrepresented principal Timothy Guerrette. The court held that while individuals may represent themselves pro se, non-natural entities such as LLCs must be represented by licensed counsel in federal court and cannot appear through lay representatives.
An LLC and other non-natural entities cannot appear in federal court except through licensed counsel. A lay person, even if the principal of the entity, cannot represent the entity or conduct its litigation. Therefore, the answer filed by Guerrette on behalf of Studio 239 LLC was improper and must be stricken.
[1] A lay person cannot represent an entity other than themselves in federal court.
[2] Artificial entities, including limited liability companies, must appear in federal court through licensed counsel.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a lay person cannot represent any other person or entity”
Establishes the core rule that non-attorneys cannot represent entities in federal court
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGlobal Weather Productions filed a copyright-infringement complaint against Studio 239 LLC on January 23, 2024, seeking injunctive relief and damages.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Motion To Continue cases and more on FLexlaw
This is a copyright-infringement action. On January 23, 2024, plaintiff Global Weather Productions, LLC filed its complaint seeking injunctive relief and damages against defendant Studio 239 LLC. (Doc. 1). Thereafter, Studio 239's registered agent and principal, Timothy H. Guerrette, filed a document that purports to be Studio 239's answer to the complaint. (Doc. 8). Because Studio 239 is not represented by counsel, Global Weather moves to strike the answer and to continue the Rule 16 conference. (Doc. 14).
Pursuant to 28 U.S.C. § 1654, parties may appear and conduct their cases personally. That said, a lay person cannot represent any other person or entity. U.S. ex rel. Stronstorff v. Blake Med. Ctr., No. 8:01-CV-844-T23MSS, 2003 WL 21004734, *1 (M.D. Fla. Feb. 13, 2003). Non-natural persons or artificial entities such as corporations, partnerships, and associations, may appear in federal court only through licensed counsel. Id. (citing Rowland v. Cal. Men's Colony, 506 U.S. 194, 201-02 (1993)); see also, M.D. Fla. R. 2.02(b)(2). This rule applies with "equal force
to limited liability companies such as Defendant." Sadowski v. TLB Project, LLC, No. 8:23-CV-740-WFJ-MRM, 2023 WL 4107109, *1 (M.D. Fla. June 21, 2023). As a result, Guerrette may not appear or litigate on Studio 239's behalf.
Accordingly, Global Weather's motion (Doc. 14) is GRANTED. As such, Studio 239 LLC's answer (Doc. 8) is deemed stricken, and the clerk is directed to delete the PDF file from the CM/ECF docket. The Rule 16 conference and related case-management-report deadline are rescheduled. By May 14, 2024, Studio 239 LLC must retain counsel to represent it, and have counsel file a Local Rule 3.03 disclosure statement and a response to the complaint. If Studio 239 LLC fails to comply by this deadline, the clerk may default Studio 239 without further notice.
ORDERED on April 16, 2024
NICHOLAS P. MIZELL
United States Magistrate Judge