Facts
- Plaintiff Dongguan Guankun Trading Co. filed a motion for expedited discovery in conjunction with a request for a temporary restraining order. [lines="12-13"].
- Defendant Global Fashion Icon Inc. opposed Plaintiff's application for expedited discovery on August 2, 2024. [lines="18-19"].
- The court determines expedited discovery requests are governed by Rule 26(d) of the Federal Rules of Civil Procedure. [lines="23-24"].
- Plaintiff presented evidence indicating Global Fashion may be an alter-ego of the co-Defendants, with shared ownership origins linked to Billy Chen. [lines="58-59"].
- Plaintiff demonstrated ongoing communication regarding purchase orders and evidence of failed wire transfers, suggesting significant claims. [lines="63-68"].
Issues
- Whether the Plaintiff provided sufficient good cause to justify expedited discovery under Rule 26(d). [lines="28-29"].
- Whether the evidence presented by Plaintiff established a reasonable basis to conclude Global Fashion is an alter-ego of the co-Defendants. [lines="58-59"].
Holdings
- The court found that the Plaintiff demonstrated good cause for expedited discovery, allowing the request to be granted. [lines="50-51"].
- The court determined that the evidence supported the finding that Global Fashion may be considered an alter-ego to the co-Defendants based on the ownership structure and communications. [lines="58-62"].
OPINION
Case Information
*1 Case 1:24-cv-00143-KD-MU Document 11 Filed 06/18/24 Page 1 of 2 PageID #: 104
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION HANCOCK WHITNEY BANK, )
) Plaintiff, )
) vs. ) CIVIL ACTION NO. 1:24-00143-KD-MU
) FLC LIVING, LLC, et al. , )
) Defendants. )
ORDER
This action is before the Court on sua sponte review of the docket. On May 28, 2024, Defendants FLC Living, LLC (“FLC Living”), Invinci Corporation (“Invinci”), MJO Properties, LLC (“MJO Properties”), and Michael A. Harry (“Harry”) were served with the summons and a copy of the complaint. (Docs. 3–6). On June 12, 2024, Harry filed an answer to the complaint. (Doc. 8). A review of the answers filed by FLC Living, Invinci, and MJO Properties, which were filed that same day, indicates that Harry also prepared and signed the answers on behalf of these artificial entity defendants. (See Docs. 7, 9–10).
Harry, as an individual, may proceed pro se, that is, without counsel. 28 U.S.C. § 1654 (“In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct cases therein.”); S.D. Ala. GenLR 83.2 (“Unless appearing pro se or through counsel under General Local Rule 83.3(f) or (g), all parties to proceedings in this Court must appear by an attorney admitted to practice in this Court.”). However, “[o]nly natural persons may appear pro se .” S.D. Ala. GenLR 83.2; Class v. U.S. Bank Nat’l Ass’n, 734 F. App’x 634, 636 (11th Cir. 2018) (“The right to appear pro se , however, is limited to parties conducting ‘their own cases,’ and does not extend to non- attorney parties representing the interests of others.”). “The rule is well established that a *2 Case 1:24-cv-00143-KD-MU Document 11 Filed 06/18/24 Page 2 of 2 PageID #: 105 corporation is an artificial entity that can act only through agents, cannot appear pro se , and must be represented by counsel.” Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985). “The general rule applies even where the person seeking to represent the corporation is its president and major stockholder.” Id. Limited liability companies (“LLCs”) may also only appear in federal court through a licensed attorney. Lattanzio v. COMTA, 481 F.3d 137, 140 (11th Cir. 2007). Because only licensed counsel may represent a corporation or LLC, the answers filed by Defendants FLC Living, (Doc. 7), Invinci, (Doc. 9), and MJO Properties, (Doc. 10), are STRICKEN . FLC Living, Invinci and MJO Properties shall file amended answers that comply with this Order on or before July 9, 2024 . FLC Living, Invinci, and MJO Properties are warned that failure to obtain licensed counsel to appear and defend this action may result in the entry of default and the entry of a judgment by default.
The Clerk is directed to mail a copy of this order by First-Class Mail to: FLC Living, LLC
c/o Michael A. Harry, Executive Director
602 Azalea Road
Mobile, Alabama 36609
Invinci Corporation
c/o Michael A. Harry, President
6211 Madison Avenue
Berkeley/St. Louis, Missouri 63134
MJO Properties, LLC
c/o Michael A. Harry, Managing Member
2 Royal Birkdale Court
O’Fallon, Missouri 63366
DONE and ORDERED this 18th day of June 2024 .
s / Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE