Snap Fitness, Inc. v. Scenic City Fitness, Inc.
- Nancy Brasel
- 0:24-cv-02803
- U.S. District Court · District of Minnesota
- 2
In Snap Fitness v. Scenic City Fitness, Judge Schultz recommended default judgment because Scenic City Fitness lacked required counsel and did not defend.
Scenic City Fitness, Inc. faced a recommendation for default judgment because it had no lawyer and failed to defend; Snap Fitness, Inc. was recommended permission to apply for default judgment.
What happened
In Snap Fitness, Inc. v. Scenic City Fitness, Inc., the court considered Scenic City Fitness’s failure to have a lawyer represent it. The company had been without counsel since August 22, 2024, despite warnings and an order requiring it to explain the situation.
The court explained that a corporation cannot represent itself without a lawyer and may be treated as having failed to defend when it has no counsel. It recommended directing the Clerk of Court to enter default judgment against Scenic City Fitness and allowing Snap Fitness to apply for default judgment.
Judge David T. Schultz issued this report and recommendation on October 11, 2024. It was not a final order or judgment, and the parties could file written objections within the time allowed by the court’s local rules.
The detailed version
- Snap Fitness, Inc. v. Scenic City Fitness, Inc. · No. 0:24-cv-02803
- Nancy Brasel
- Oct. 11, 2024
Background
Scenic City Fitness, Inc. had been without a lawyer since August 22, 2024. The report states that a corporation may not proceed without legal representation. As a result, an unrepresented corporation is technically in default for failing to defend.
The court had warned Scenic City Fitness that it could be found in default unless an attorney appeared for the company. The company also received an order to show cause, but it neither obtained counsel nor justified its failure to do so.
Recommendation
Because Scenic City Fitness failed to defend, the court stated that it could direct the Clerk of Court to enter default under Federal Rule of Civil Procedure 55(a). The report and recommendation recommends two actions:
1. Directing the Clerk of Court to enter default judgment against Scenic City Fitness, Inc.; and 2. Allowing Snap Fitness, Inc. to apply for default judgment.
Effect of the Recommendation
This document is a report and recommendation, not a final order or judgment of the District Court. It is not directly appealable to the U.S. Court of Appeals for the Eighth Circuit. The notice states that a party could file specific written objections within 14 days after being served with the report and recommendation, and that responses to objections could be filed within the time stated by the local rules.
Judge David T. Schultz signed the report and recommendation on October 11, 2024.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.