APPLIED BIOLOGICS LLC v. ANEW YOU LLC

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
APPLIED BIOLOGICS LLC,
Plaintiff,
v.
ANEW YOU LLC,
Defendant.
CIVIL ACTION NO.
5:25-cv-00515-TES
ORDER DENYING DEFENDANT’S MOTION TO DISMISS
Plaintiff Applied Biologics LLC filed a Complaint on November 25, 2025. [Doc.
1]. Defendant Anew You LLC responded with a Motion to Dismiss on January 30, 2026.
[Doc. 7]. However, Defendant presents no argument in its one-sentence Motion. [Id.].
This is insufficient for many reasons, including under Local Rule 7.1. LR7.1, MDGa.
Accordingly, the Court DENIES Defendant’s Motion to Dismiss. [Doc. 7].
Furthermore, under Georgia law, registered agents or members of an LLC cannot
represent a corporate entity (specifically including an LLC) unless they are duly
licensed attorneys admitted to practice in this district. See Gibson v. TMS Collection
Services, LLC, et al., No. 5:19-cv-00440-TES (M.D. Ga. Jan. 15, 2020), ECF No. 9 (citing
Winzer v. EHCA Dunwoody, LLC, 627 S.E.2d 426, 430 (Ga. Ct. App. 2006)). Specifically,
under Georgia law, “those who accept the shielding benefits of a limited liability
company must also accept its burdens, including the need to hire counsel.” Id. (quoting
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Winzer, 627 S.E.2d at 430) (alterations accepted). Since “a limited liability company is a
separate business entity which can only act through its agents, [Defendant] can appear
in court only through an attorney and not through an agent not admitted to the practice
of law.” Id. (quoting Winzer, 627 S.E. at 430).
So, no one other than a licensed attorney will be allowed to file any pleadings on
Defendant’s behalf unless they show that they are legally allowed to do so. Bottom line,
Defendant must retain counsel to defend it in this matter. If the registered agent, or any
person other than a licensed attorney, continues or attempts to file pleadings on
Defendant’s behalf, the Defendant runs the risk of having those pleadings stricken by
the Court, including any answer (that is now due within the applicable time limits set
by the Federal Rules of Civil Procedure) and a default entered. See Id. (striking the
defendant’s answer for the defendant LLC not having an attorney). Such a default could
lead to the well-pled facts contained in Plaintiff’s Complaint deemed admitted so that
the Court would proceed to hearing evidence as to Plaintiff’s damages or other
requested relief and judgment ultimately being entered against Defendant. Defendant
should proceed with caution and heed the Court’s warnings.
SO ORDERED, this 2nd day of February, 2026.
S/ Tilman E. Self, III
TILMAN E. SELF, III
UNITED STATES DISTRICT JUDGE
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