Wright Way Capital v. Vlasseman

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

WRIGHT WAY CAPITAL,

Plaintiff,

v. Case No. 22-CV-1032

ERIC CARVER and UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WISCONSIN,

Defendants.

WRIGHT WAY CAPITAL,

Plaintiff,

v. Case No. 22-CV-1063

JESSICA A. VLASSEMAN and UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WISCONSIN,

Defendants.

ORDER

Wright Way Capital filed two non-earnings garnishment actions against defendants Eric Carver and Jessica A. Vlasseman in Washington County Circuit Court and Milwaukee County Circuit Court, respectively. In each action, Wright Way Capital named the United States Bankruptcy Court for the Eastern District of Wisconsin as the garnishee. Defendant Bankruptcy Court removed both actions to federal court and moved to dismiss in each case on the grounds of sovereign immunity and that pursuant to 28 U.S.C. § 2042, the proper procedure for Wright Way Capital to seek release of unclaimed funds held by the Bankruptcy Court is to file a petition with the Bankruptcy Court, not to pursue a state small claims garnishment action. In its motion to dismiss pleadings, the Bankruptcy Court noted that Wright Way Capital was proceeding pro se in state court. Thus, upon removal to federal court, Wright Way Capital does not have an attorney of record. In federal court, however, business organizations, whether a corporation, partnership, or limited liability company, are not permitted to litigate pro se. 1756 W. Lake St. LLC v. Am. Chartered Bank, 787 F.3d 383, 385 (7th Cir. 2015); Kipp v. Royal & Sun All. Pers. Ins. Co., 209 F. Supp. 2d 962, 962-63 (E.D. Wis. 2002). They must appear in federal court through licensed counsel. Jd. As such, to the extent Wright Way Capital intends to respond to the Bankruptcy Court’s motions to dismiss in each action, it must respond through a licensed attorney. Failure to respond through a licensed attorney will result in dismissal of plaintiff's actions. Thus, Wright Way Capital has until October 7, 2022 to have an attorney enter an appearance on its behalf and to respond, through counsel, to defendant’s motions to dismiss.

SO ORDERED this 16" day of September, 2022 at Milwaukee, Wisconsin.

BY THE COU

an

United States Magistrate Judge