Willis v. Sakayama
- Mary Kay Vyskocil
- 1:22-cv-01208
- U.S. District Court · Southern District of New York
- 2
In Willis v. Sakayama, Judge Mary Kay Vyskocil allowed Karen L. Willis to proceed without a lawyer because Harlem West was not a separate entity.
Karen L. Willis, doing business as Harlem West Entertainment and Harlem West Music Group, was allowed to proceed without a lawyer. The order also concerns the defendants Bob Sakayama and TNG/Earthling, Inc., but it does not decide the underlying claims.
What happened
In Willis v. Sakayama, Karen L. Willis sued while doing business under the names Harlem West Entertainment and Harlem West Music Group. She filed the case without a lawyer.
The court had warned that Harlem West could not proceed without a lawyer because it appeared to be a corporate entity. Willis asked the court to reconsider, explaining that she was an individual sole proprietor and that the Harlem West names were only fictitious business names.
Based on Willis’s representations and the document she provided, Judge Mary Kay Vyskocil ruled that she could proceed without a lawyer on her own behalf. The clerk was directed to mail her a copy of the order.
The detailed version
- Willis v. Sakayama · No. 1:22-cv-01208
- Mary Kay Vyskocil
- Apr. 8, 2022
Background
Karen L. Willis filed this action without a lawyer on February 11, 2022. The complaint identified her as doing business as Harlem West Entertainment and Harlem West Music Group, collectively called “Harlem West,” and stated that Harlem West was the exclusive licensee for the Village People.
The court previously advised Willis that Harlem West could not proceed without a lawyer because the court understood it to be a corporate entity. The court directed her to retain counsel and warned that failing to do so could lead to dismissal for failure to prosecute.
Willis’s Request
Willis filed a letter asking the court to reconsider. She explained that she was an individual sole proprietor doing business under the names Harlem West Entertainment and Harlem West Music Group. She stated that those names were not corporate entities but fictitious business names. She submitted a fictitious business-name statement listing both names.
Ruling
The court stated that a fictitious business name does not establish a separate legal entity and that doing business under another name does not create an entity distinct from the person operating the business. Based on Willis’s representations, the court allowed her to proceed without a lawyer on her own behalf. The clerk was requested to mail her a copy of the order at the address of record.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.