WRIGHT WAY CAPITAL v. ERIC CARVER and UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WISCONSIN; WRIGHT WAY CAPITAL v. JESSICA A. VLASSEMAN and UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WISCONSIN
Case No. 22-CV-1032; Case No. 22-CV-1063
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
September 16, 2022
NANCY JOSEPH, United States Magistrate Judge
Wright Way Capital filed two non-earnings garnishment actions against defendants Eric Carver and Jessica A. Vlasseman in Washington County Circuit Court and Milwaukee County Circuit Court, respectively. In each action, Wright Way Capital named the United States Bankruptcy Court for the Eastern District of Wisconsin as the garnishee. Defendant Bankruptcy Court removed both actions to federal court and moved to dismiss in each case on the grounds of sovereign immunity and that pursuant to
In its motion to dismiss pleadings, the Bankruptcy Court noted that Wright Way Capital was proceeding pro se in state court. Thus, upon removal to federal court, Wright Way Capital does not have an attorney of record. In federal court, however, business organizations, whether a corporation, partnership, or limited liability company, are not permitted to litigate pro se. 1756 W. Lake St. LLC v. Am. Chartered Bank, 787 F.3d 383, 385 (7th Cir. 2015); Kipp v. Royal & Sun All. Pers. Ins. Co., 209 F. Supp. 2d 962, 962-63 (E.D. Wis. 2002). They must appear in federal court through licensed counsel. Id.
As such, to the extent Wright Way Capital intends to respond to the Bankruptcy Court‘s motions to dismiss in each action, it must respond through a licensed attorney. Failure to respond through a licensed attorney will result in dismissal of plaintiff‘s actions. Thus, Wright Way Capital has until October 7, 2022 to have an attorney enter an appearance on its behalf and to respond, through counsel, to defendant‘s motions to dismiss.
SO ORDERED this 16th day of September, 2022 at Milwaukee, Wisconsin.
BY THE COURT
NANCY JOSEPH
United States Magistrate Judge