Celebrity Fund Management, LLC v. Humans, Inc., doing business as Flipfit

Background

Celebrity Fund Management, LLC is the plaintiff, and Humans, Inc., doing business as Flipfit, is the defendant. The court explained that a corporation is an artificial entity and may appear in federal court only through counsel.

The court stated that, under an earlier order, Humans was required to retain new counsel and enter an appearance by October 31, 2021. The opinion says Humans did not do so. The court therefore ordered Humans to retain counsel no later than December 1, 2025, and required its counsel to file a notice of appearance by that date.

Potential Consequences

The order did not enter default judgment. Instead, it directed Celebrity Fund Management to file a motion for default judgment concerning Humans by December 15, 2025, if no counsel appeared by the December 1 deadline. The court stated that failure to timely file that motion would result in dismissal of the action against Humans for failure to prosecute. Celebrity Fund Management was also directed to serve the order on Humans by November 13, 2025, and file proof of service by November 17, 2025.

Ruling

Judge Jessica G. L. Clarke ordered Humans to obtain counsel and have counsel appear by December 1, 2025. The order set possible future consequences for noncompliance but did not itself grant or deny a motion for default judgment.