Aquafuchsia Foods Inc. v. Royalhalo LLC, et al
| Aquafuchsia Foods Inc. |
| Royalhalo LLC, a Nevada limited liability company, Royalhalo LLC, a Delaware limited liability company and Royalhalo LLC |
| 1:2021cv05489 |
| October 15, 2021 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Agriculture Acts |
| 07 U.S.C. ยง 499 |
| None |
Docket Report
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| Filing 13 MINUTE entry by the Clerk of the Court: Default is entered pursuant to FRCP 55(a) as to Defendants for failure to answer or otherwise plead. Mailed notice (kl, )(Modified/Main Document 13 replaced on 12/7/2021) (kl, ) |
| Filing 12 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion for entry of default against Defendants. For the reasons stated in the motion, the Clerk is directed to enter a default against all Defendants under Rule 55(a) of the Federal Rules of Civil Procedure. Any motion for entry of a default judgment, with any supporting materials, must be filed on or before 1/7/2022. On or before 12/17/2021, Plaintiff must (by certified mail, email, or other reliable method) provide Defendants with both a copy of the Court's order of default and Plaintiff's motion for default judgment and must file proof of service of those documents within three business days of service. The status hearing set for 12/22/2021 is stricken. Mailed notice (ef, ) |
| Filing 11 MOTION by Plaintiff Aquafuchsia Foods Inc. for entry of default (Leonard, John) |
| Filing 10 MINUTE entry before the Honorable John F. Kness: Plaintiff Aquafuchsia Foods Inc. sued Defendants Royalhalo LLC (a Nevada limited liability company) and Royalhalo LLC (a Delaware limited liability company) for violating the Perishable Agricultural Commodities Act (count I), breach of contract (count II), and unjust enrichment (count III). (Dkt. 1.) On November 10, 2021, a "Response to Allegations" was filed by Royalhalo LLC #8 . Setting aside any confusion about which of the two Defendants filed the Response to Allegations as well as the fact that the header on the filing reflects (wrongly) that it was filed in the Circuit Court of Lake County, Illinois, the filing states that Defendant Royalhalo LLC is "self-represented." (Dkt. 8 at 1, 4-5.) No attorney for Royalhalo LLC has entered an appearance in this case and the Response to Allegations does not appear to be signed by an attorney (the signature on page 4 states that the Response was filed by "Royalhalo LLC" and that the entity is "Self-represented"). It is well settled that "[a] corporation is not permitted to litigate in a federal court unless it is represented by a lawyer licensed to practice in that court." United States v. Hagerman, 545 F.3d 579, 581 (7th Cir. 2008) (citing Rowland v. Cal. Men's Colony, 506 U.S. 194, 202 (1993)). That rule extends to limited liability corporations like Defendants. The right to conduct business "in a form that confers privileges, such as the limited personal liability of the owners for tort or contract claims against the business, carries with it obligations one of which is to hire a lawyer if you want to sue or defend on behalf of the entity." Id. at 581-82. Accordingly, Plaintiff's motion to strike #9 is granted, and the Response to Allegations #8 is stricken. The Clerk is directed to mail a copy of this order to the Defendants at the addresses in the executed summonses #6 #7 . The status hearing set for 12/22/2021 #4 remains firm. Mailed notice (ef, ) |
| MAILED a copy of the order #10 date 11/23/2021 to Royalhalo LLC (a Nevada limited liability company) and Royalhalo LLC (a Delaware limited liability company)to the addresses in the executed summonses #6 and #7 (kl, ) |
| Filing 9 MOTION by Plaintiff Aquafuchsia Foods Inc. to strike Response #8 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Leonard, John) |
| Filing 8 RESPONSE to allegations by Defendants Royalhalo LLC, Royalhalo LLC (kl, ) |
| Filing 7 SUMMONS Returned Executed by Aquafuchsia Foods Inc. as to Royalhalo LLC(a Delaware limited liability company) on 10/28/2021, answer due 11/18/2021. (Leonard, John) |
| Filing 6 SUMMONS Returned Executed by Aquafuchsia Foods Inc. as to Royalhalo LLC(a Nevada limited liability company) on 10/25/2021, answer due 11/15/2021. (Leonard, John) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Aquafuchsia Foods Inc. (Leonard, John) |
Filing 4
ORDER signed by the Honorable John F. Kness on 10/21/2021: Telephonic initial status hearing is set for 12/22/2021 at 10:20 AM. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. No later than five business days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice(ef, )
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| Filing 3 ATTORNEY Appearance for Plaintiff Aquafuchsia Foods Inc. by John L. Leonard (Leonard, John) |
| Filing 2 CIVIL Cover Sheet (Leonard, John) |
| Filing 1 COMPLAINT filed by Aquafuchsia Foods Inc.; Filing fee $ 402, receipt number 0752-18771806. (Attachments: #1 Exhibit A, #2 Exhibit B)(Leonard, John) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (cm, ) |
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