1-800 Water Damage International, LLC v. Restoration RX, LLC et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
1-800 WATER DAMAGE
INTERNATIONAL, LLC,
Plaintiff, 	Case No. 24-cv-10110
Honorable Linda V. Parker
v.
Restoration RX, LLC et. al.,
Defendants.
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OPINION AND ORDER GRANTING MOTION FOR
DEFAULT JUDGMENT
On January 10, 2025, the Court granted an unopposed motion to withdraw
filed by Defendants’ then attorneys, Mark W. Peyser and Howard & Howard
Attorneys, PLLC, and stayed the proceedings for 30 days to allow Defendant
Restoration RX, LLC to retain new counsel. (ECF No. 21.) The Court warned
that, because corporate entities cannot proceed pro se, failure to retain new counsel
would “result in Defendant Restoration RX, LLC’s defenses being stricken without
further notice[.]” (Id. at PageID.522.)
When 30 days passed without new counsel appearing on Defendant
Restoration RX, LLC’s behalf, the Court entered an order lifting the stay and
striking its defenses. (ECF No. 24.) On May 12, 2025, Plaintiff filed a Request for
Case 2:24-cv-10110-LVP-CI ECF No. 33, PageID.<pageID> Filed 11/25/25 Page 1 of 2

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Clerk’s Entry of Default, and on May 13, 2025, the Clerk’s Office entered default
against Defendant Restoration RX, LLC. (ECF No. 26; ECF No. 27.)
Despite the Court’s clear instruction that Defendant Restoration RX, LLC,
as a corporate entity, could not proceed without counsel, Defendant failed to retain
new representation within the 30-day period. As a result, the Court struck its
defenses, and, having still not obtained counsel as of the date of this Opinion and
Order, Defendant is in default.
IT IS HEREBY ORDERED that Plaintiff’s Motion for Default Judgment
against Defendant is GRANTED.
IT IS FURTHER ORDERED that Plaintiff shall submit to the Court a
proposed judgment within 14 days.
SO ORDERED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: November 25, 2025
Case 2:24-cv-10110-LVP-CI ECF No. 33, PageID.<pageID> Filed 11/25/25 Page 2 of 2