Case 1:11-cv-00722-JMS-KSC Document 9

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J. STEPHEN STREET 1573-0 134 Maono Place Honolulu, Hawaii 96821 Telephone No.: (808) 754-1647 Facsimile No.: (888) 334-6499 E-mail: jsstreet@ip-law-hawaii.com Attorney for Plaintiffs HAWAIIAN ART NETWORK, LLC and VINCENT K. TYLOR IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII HAWAIIAN ART NETWORK, LLC and VINCENT K. TYLOR, Plaintiffs, vs. ALOHA PLASTIC SURGERY, LLC; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; and DOE ASSOCIATIONS 1-10, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 11-00722 JMS/KSC (Copyright Infringement) PLAINTIFFS MOTION TO STRIKE DEFENDANTS REQUEST TO COURT FOR: SET ASIDE DEFAULT JUDGMENT REQUEST BY PLAINTIFF, FILED BY MICHAEL PASQUALE ON JANUARY 9, 2012; MEMORANDUM IN SUPPORT OF MOTION; DECLARATION OF COUNSEL; CERTIFICATE OF SERVICE

PLAINTIFFS MOTION TO STRIKE DEFENDANTS REQUEST TO COURT FOR: SET ASIDE DEFAULT JUDGMENT REQUEST BY PLAINTIFF FILED BY MICHAEL PASQUALE ON JANUARY 9, 2012

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Comes now Plaintiffs HAWAIIAN ART NETWORK and VINCENT K. TYLOR, by and through counsel, and hereby respectfully submit their motion to strike a pleading improperly filed by Michael Pasquale on January 9, 2012, on behalf of Defendant ALOHA PLASTIC SURGERY, LLC, a Hawaii corporation, as Docket No. 8 in this action, entitled Defendants request to court for: Set Aside Default Judgment request by Plaintiff (sic). This motion is brought pursuant to Rule 12(f) (2) Federal Rules of Civil Procedure and Local Rule 83.11. This motion is based upon the memorandum in support of this motion, the Declaration of Counsel, and the pleadings and record herein. DATED: Honolulu, Hawaii, January 9, 2011.

/s/ J. Stephen Street ________________ J. STEPHEN STREET, AAL Attorney for Plaintiffs HAWAIIAN ART NETWORK, LLC and VINCENT K. TYLOR

Hawaiian Art Network, LLC and Vincent K. Tylor, v. Aloha Plastic Surgery, LLC, et al., CV11-00722 JMS/KSC 2

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII HAWAIIAN ART NETWORK, LLC and VINCENT K. TYLOR, Plaintiffs, vs. ALOHA PLASTIC SURGERY, LLC; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; and DOE ASSOCIATIONS 1-10, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 11-00722 JMS/KSC (Copyright Infringement) PLAINTIFFS MEMORANDUM IN SUPPORT OF MOTION TO STRIKE DEFENDANTS REQUEST TO COURT FOR: SET ASIDE DEFAULT JUDGMENT REQUEST BY PLAINTIFF FILED BY MICHAEL PASQUALE ON JANUARY 9, 2012

PLAINTIFFS MEMORANDUM IN SUPPORT OF MOTION TO STRIKE DEFENDANTS REQUEST TO COURT FOR: SET ASIDE DEFAULT JUDGMENT REQUEST BY PLAINTIFF FILED BY MICHAEL PASQUALE ON JANUARY 9, 2012 Plaintiffs bring this motion to strike a pleading improperly filed by Michael Pasquale, a non-attorney, purporting to represent a corporate Defendant as its Sole Managing Partner. The Local Rules of the District

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Court for District of Hawaii specifically provide that, "[b]usiness entities, including but not limited to corporations, partnerships, limited liability partnerships, limited liability corporations, and community associations, cannot appear before this court pro se and must be represented by an attorney." LR 83.11. The document filed by Michael Pasquale on January 9, 2012, demonstrate the wisdom of the rule. Although Michael Pasquale admits in his declaration that he was recently made aware that a corporation must have a licensed attorney defend it in court, he deliberately violated the rule in filing his Defendants request to court for: Set Aside Default Judgment request by Plaintiff (sic) filed January 9, 2012, as Docket No. 8. In his declaration, Michael Pasquale admits, at least implicitly, that he is not a member of the bar of the State of Hawaii, has not been admitted to the bar of this Court, and pursuant to LR 83.2, may not practice before this Court. Michael Pasquales willful acts in violation of the rules are designed to cause Plaintiffs additional unnecessary expense in responding to the improper pleading and further delay. A complaint was filed on Plaintiffs behalf on December 1, 2011 (the Complaint). The Complaint named ALOHA PLASTIC SURGERY, LLC;

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JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; and DOE ASSOCIATIONS 1-10, as defendants. Defendant ALOHA PLASTIC SURGERY, LLC was personally served on December 3, 2011, and the Proof of Service was filed as Document Number 5 in this action. Decl of Counsel 3-4 Based upon the service date of December 3, 2011, the Defendants Answer to the Complaint was due on December 27, 2011. Plaintiffs did not receive a copy of any answer or other responsive pleading, and the Court docket did not reflect any answer or other responsive pleading had been filed with the Court by December 30, 2011. Plaintiffs counsel received no communication from any representative of the Defendant by December 30, 2011, and Defendants default was entered by the Clerk on December 30, 2012 as Document No 7. Decl. of Counsel 5-6 Plaintiffs have a substantive basis for opposing any proper motion to set aside the default but will reserve such opposition for a properly filed motion.

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For the foregoing reasons, the Plaintiffs respectfully request that the document filed on January 9, 2012, by Michael Pasquale on behalf of Aloha Plastic Surgery LLC, as Document No. 8 in this action be stricken in its entirety.

DATED: Honolulu, Hawaii,

January 9, 2011.

/s/ J. Stephen Street ________________ J. STEPHEN STREET, AAL Attorney for Plaintiffs HAWAIIAN ART NETWORK, LLC and VINCENT K. TYLOR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII HAWAIIAN ART NETWORK, LLC and VINCENT K. TYLOR, Plaintiffs, vs. ALOHA PLASTIC SURGERY, LLC; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; and DOE ASSOCIATIONS 1-10, Defendants. ) CIVIL NO. 11-00722 JMS/KSC ) (Copyright Infringement) ) ) DECLARATION OF COUNSEL ) ) ) ) ) ) ) ) ) ) ) )

DECLARATION OF COUNSEL The undersigned does hereby declare under penalty of law that: 1. I am the attorney for Plaintiffs HAWAIIAN ART NETWORK, LLC and VINCENT K. TYLOR, (Plaintiffs), herein. 2. I have personal knowledge of all of the facts stated herein and am competent to testify as to those facts.

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3.

A complaint was filed on Plaintiffs behalf on December 1, 2011 (the Complaint). The Complaint named ALOHA PLASTIC SURGERY, LLC; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 110; and DOE ASSOCIATIONS 1-10, as defendants.

4.

Defendant ALOHA PLASTIC SURGERY, LLC was personally served on December 3, 2011, and the Proof of Service was filed as Docket Number 5 in this action.

5.

Based upon the service date of December 3, 2011, the Defendants Answer to the Complaint was due on December 27, 2011.

6.

Plaintiffs did not receive a copy of any answer or other responsive pleading, and the Court docket did not reflect any answer or other responsive pleading had been filed with the Court by December 30, 2012. Plaintiffs counsel received no communication from any representative of the Defendant by December 30, 2011, and Defendants Default was entered by the Clerk on December 30, 2012 as Docket No 7.

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I declare under penalty of perjury that the foregoing is true and correct. DATED: Honolulu, Hawaii, December 30, 2011.

/s/ J. Stephen Street ______________ J. STEPHEN STREET