White v. Thomas Square Associates, LLC

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
CAMBRIDGE CAPITAL GROUP,
INC.,
Debtor.
____________________________
WILLIAM H. WHITE, CHAPTER 7
TRUSTEE,
Plaintiff,
v.
THOMAS SQUARE ASSOCIATES,
LLC,
Defendant.
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Case No. 03-01178
(Chapter 7)
Adversary Proceeding No.
06-10008
DECISION RE STRIKING RESPONSE TO REQUEST FOR ENTRY
OF DEFAULT AND GRANTING MOTION FOR DEFAULT JUDGMENT
The defendant in this adversary proceeding has yet to file
an answer to the complaint filed by the plaintiff on January 25,
2006 (D.E. No. 1). Having received no response from the
defendant, the plaintiff requested an entry of default by the
clerk of the court on May 1, 2006 (D.E. No. 6). Nancy C.
The decision below is hereby signed. Dated: June
14, 2006.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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Cummings, the managing member of the defendant, has filed a
response to the plaintiff’s request in which she states that the
defendant never received notice of the complaint or summons in
this case even though the plaintiff had sent earlier
correspondence to the defendant’s correct address. Ms.
Cummings’s response also indicates that the defendant may be able
to assert meritorious defenses against the claims raised by the
plaintiff.
The Federal Rules of Bankruptcy Procedure and this court’s
local rules do not permit Ms. Cummings to file papers on behalf
of the defendant. Instead, any pleading or motion must be filed
by an attorney who is a member of the bar of the district court
of which this court is a unit for this court to recognize it.
See FED. R. BANKR. P. 9011; LOCAL BANKR. R. 2090-1. The court has
no choice but to strike Ms. Cummings’s response on behalf of the
defendant. Without that response, there is no impediment to the
entry of default judgment in favor of the plaintiff.
The court’s entry of judgment does not foreclose all options
available to the defendant. It can move to vacate the judgment
within ten days of the entry of judgment pursuant to FED. R. CIV.
P. 59(e) (as incorporated by FED. R. BANKR. P. 9023). Even if the
defendant does not file a motion within ten days of the entry of
judgment, it can still move for reconsideration under the
comparatively stricter standards set forth in FED. R. CIV. P.
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60(b) (as incorporated by FED. R. BANKR. P. 9024). The court
cannot consider any motion, however, if it is not filed by an
attorney who is eligible to appear before this court. A judgment
follows.
[Signed and dated above.]
Copies to: All counsel of record.
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