Liu v. Iconoclast Fitness, Inc.

Background

The opinion concerns two cases: Rachael Liu’s case against Iconoclast Fitness, Inc. and Ngo Okafor, docket number 23-cv-525, and a related case filed by Ngo Okafor against Rachel Liu, docket number 23-cv-10512. The court received a letter from Mr. Okafor requesting additional time for a lawyer to appear for Iconoclast Fitness, Inc. The court had previously warned that it would not grant another extension, but granted one final extension.

Rulings

The court ordered that a lawyer appear for Iconoclast Fitness, Inc. by March 1, 2024. It stated that the company would be held in default if counsel did not appear by that date and that there would be no further extensions.

The court denied without prejudice Mr. Okafor’s motion to dismiss the complaint against both defendants. The court explained that Mr. Okafor could not file motions on behalf of a corporation. The court stated that if no lawyer appeared for Iconoclast Fitness, Inc. and the company was held in default, Mr. Okafor could choose to file a new motion to dismiss the claims against him personally.

Further proceedings

The court ordered the parties, including Iconoclast Fitness, Inc. through its counsel, to meet and confer in good faith and file a joint status letter by March 15, 2024. The letter must address why the two cases should not be consolidated or why the case filed by Mr. Okafor should not be dismissed; whether the parties anticipate a renewed motion to dismiss or discovery; and whether the cases should be referred to mediation or a settlement conference before a magistrate judge.

The court directed Liu to serve the order on the defendants and file proof of service by February 15, 2024. It also requested that the clerk terminate the motion at docket entry 11. The order was signed by United States District Judge Mary Kay Vyskocil.