Opinion
Case No. 06-12601.
January 18, 2007
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR AN ENTRY OF JUDGMENT BY DEFAULT
On April 11, 2006, Innovative Research, Ideas, Services Corporation ("Plaintiff") filed a complaint against Distributed Instruments, LLC and Jeffery Ricker (collectively "Defendants") in Washtenaw County Circuit Court. In its complaint, Plaintiff alleges the following: Count I (Breach of Contract); Count II (Misappropriation of Trade Secrets); Count III (Fraud); Count IV (Innocent Misrepresentation); Count V (Tortious Interference With Current and Prospective Contractual Relations and Advantageous Business Opportunities); Count VI (Unfair Competition — Under § 43(A) of the Lanham Act); Count VII (Injunction); and Count VIII (Breach of Fiduciary Duty). On June 12, 2006, Defendants filed a notice of removal with this Court based on federal question jurisdiction, 28 U.S.C. §§ 1331 and 1441. Presently before this Court is Plaintiff's Motion for the Entry of a Judgment by Default based on Defendants' failure to retain local counsel. A hearing was held on Plaintiff's motion on January 16, 2006.
Because a corporation must be represented by an attorney, the failure of the corporate defendant to retain an attorney within 30 days results in that defendant being in default.
For the reasons stated at the hearing,
IT IS ORDERED that Plaintiff's Motion for Entry of a Judgment by Default is granted as to Defendant Distributed Instruments, LLC; IT IS FURTHER ORDERED that Plaintiff's Motion for Entry of a Judgment by Default is denied as to Defendant Jeffery Ricker.
The amount of damages owed by Defendant Distributed Instruments, LLC will be determined at a later date.
Defendant Ricker filed a pro se appearance in this case on 12/22/06. Therefore, this case shall proceed against individual Defendant Jeffery Ricker, only.