Opinion
21-cv-11909
10-14-2022
COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. ALI R. BAZZI, et al., Defendants.
ORDER REQUIRING PLAINTIFF TO SERVE DEFENDANTS WITH NOTICE OF HEARING
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
On May 20, 2022, Plaintiff Commodity Futures Trading Commission (the “Trading Commission”) filed a motion for a default judgment against Defendants Ali R. Bazzi and Welther Oaks LLC. (See Mot., ECF No. 11.) On October 14, 2022, the Court issued a Notice of Hearing setting the Trading Comission's motion for a Zoom video hearing on Tuesday, December 13, 2022, at 1:00 p.m. (See Notice of Hearing, ECF No. 12.)
By no later than October 31, 2022, the Trading Commission shall serve the Defendants with (1) the Notice of Hearing on its motion for default judgment, (2) this order, and (3) a proposed default judgment. In addition, by no later than October 31, 2022, the Trading Commission shall file a Certificate of Service on the docket confirming that it has served Defendants with these documents. Finally, by no later than October 31, 2022 , the Trading Commission shall submit the proposed default judgment to the Court through the Utilities function of CM/ECF.
The Court advises Welther Oaks that if it wishes to appear in this action, including at the scheduled motion hearing, it can only do so through an attorney. As a limited liability company, Welther Oaks cannot appear pro se and represent itself in this action. See, e.g., La Grasso Bros. Inc. v. American Foodservice, L.L.C., 2011 WL 891221, at *2 (E.D. Mich. Mar. 11, 2011) (“It has been the law for the better part of two centuries ... that a corporation may appear in the federal courts only through licensed counsel. As the courts have recognized, the rationale for that rule applies equally to all artificial entities”) (quoting Rowland v. Calif. Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 201-02 (1993)).
IT IS SO ORDERED.