Reported / Citable
Background
Conmigo Enterprises LLC initiated the action through a pro se filing styled as a motion for early summary judgment of non-infringement. The court observed that it was unclear whether the filing should be construed as a complaint, potentially seeking declaratory relief.
Because an LLC may not represent itself in federal court, the court ordered Conmigo to retain licensed counsel and have counsel appear by June 12, 2026. Conmigo filed another summary-judgment motion but did not retain counsel or otherwise respond to the order.
The Court’s Holding
Magistrate Judge David L. Horan recommended that the district court dismiss the action without prejudice under Federal Rule of Civil Procedure 41(b). He concluded that Conmigo’s failure to obey the order to retain counsel prevented the case from proceeding and constituted a failure to prosecute.
The magistrate judge further concluded that lesser sanctions would be futile because the court was not required to leave the case pending indefinitely while awaiting compliance. Although the record did not establish whether a nominally without-prejudice dismissal would effectively bar later litigation, the recommendation gave Conmigo notice and an opportunity to object within 14 days.
Key Takeaways
- A limited liability company cannot proceed pro se in federal court and must appear through licensed counsel.
- Failure to comply with an order to retain counsel may support sua sponte dismissal under Rule 41(b) for failure to prosecute.
- The August 25 filing was a magistrate judge’s recommendation, not a final order dismissing the case.
Why It Matters
The recommendation underscores that entity plaintiffs risk losing their cases if they do not promptly obtain counsel after being ordered to do so. Filing substantive motions does not cure an LLC’s inability to litigate without a licensed attorney.
It also illustrates the procedural safeguards applicable to sua sponte dismissal: when dismissal could operate with prejudice, the affected party should receive notice and an opportunity to respond.