UNITED STATES D                                         
                            ISTRICT COURT                            
                 DISTRICT OF MINNESOTA                               


Snap Fitness, Inc.,                Case No. 24-cv-2803 (NEB/DTS)          

Plaintiff,                                                           
                              REPORT AND RECOMMENDATION              
v.                                                                        

Scenic City Fitness, Inc. et al.,                                         

Defendants.                                                          


Defendant Scenic City Fitness, Inc., is corporation that has been unrepresented 
since August 22, 2024. The law does not allow a corporation to proceed pro se, and an 
unrepresented corporation is technically in default for failure to defend. See Ackra Direct 
Mktg. Corp. v. Fingerhut Corp., 

 (8th Cir. 1996). The Court warned 
Scenic City Fitness that it could be found in default if an attorney did not enter an 
appearance on its behalf. See Dkt. Nos. 36, 50. Despite these warnings and an order to 
show cause, Scenic City Fitness has neither secured counsel nor justified its failure to do 
so. Because Scenic City Fitness has failed to defend, the Court may direct the Clerk of 
Court to enter default judgment pursuant to Federal Rule of Civil Procedure 55(a). See 
Tollefson v. Pladson, 

 (8th Cir. 2013) (court may direct clerk to 
enter default under Rule 55(a)).                                          
For the reasons set forth above, the Court RECOMMENDS that:          
1.   The Clerk of Court be directed to enter default judgment against Defendant 
Scenic City Fitness, Inc; and                                             
2.   Plaintiff Snap Fitness, Inc., be allowed to apply for default judgment. 


Dated: October 11, 2024            ____s/David T. Schultz_____            
                              DAVID T. SCHULTZ                       
                              U.S. Magistrate Judge                  


                        NOTICE                                       
Filing Objections: This Report and Recommendation is not an order or judgment of the 
District Court and is therefore not appealable directly to the Eighth Circuit Court of 
Appeals.                                                                  

Under Local Rule 72.2(b)(1), “a party may file and serve specific written objections to a 
magistrate judge’s proposed finding and recommendations within 14 days after being 
served a copy” of the Report and Recommendation. A party may respond to those 
objections  within  14  days  after  being  served  a  copy  of  the  objections.  See  Local 
Rule 72.2(b)(2). All objections and responses must comply with the word or line limits set 
forth in Local Rule 72.2(c).                                              

             UNITED STATES D                                         
                            ISTRICT COURT                            
                 DISTRICT OF MINNESOTA                               


Snap Fitness, Inc.,                Case No. 24-cv-2803 (NEB/DTS)          

Plaintiff,                                                           
                              REPORT AND RECOMMENDATION              
v.                                                                        

Scenic City Fitness, Inc. et al.,                                         

Defendants.                                                          


Defendant Scenic City Fitness, Inc., is corporation that has been unrepresented 
since August 22, 2024. The law does not allow a corporation to proceed pro se, and an 
unrepresented corporation is technically in default for failure to defend. See Ackra Direct 
Mktg. Corp. v. Fingerhut Corp., 

 (8th Cir. 1996). The Court warned 
Scenic City Fitness that it could be found in default if an attorney did not enter an 
appearance on its behalf. See Dkt. Nos. 36, 50. Despite these warnings and an order to 
show cause, Scenic City Fitness has neither secured counsel nor justified its failure to do 
so. Because Scenic City Fitness has failed to defend, the Court may direct the Clerk of 
Court to enter default judgment pursuant to Federal Rule of Civil Procedure 55(a). See 
Tollefson v. Pladson, 

 (8th Cir. 2013) (court may direct clerk to 
enter default under Rule 55(a)).                                          
For the reasons set forth above, the Court RECOMMENDS that:          
1.   The Clerk of Court be directed to enter default judgment against Defendant 
Scenic City Fitness, Inc; and                                             
2.   Plaintiff Snap Fitness, Inc., be allowed to apply for default judgment. 


Dated: October 11, 2024            ____s/David T. Schultz_____            
                              DAVID T. SCHULTZ                       
                              U.S. Magistrate Judge                  


                        NOTICE                                       
Filing Objections: This Report and Recommendation is not an order or judgment of the 
District Court and is therefore not appealable directly to the Eighth Circuit Court of 
Appeals.                                                                  

Under Local Rule 72.2(b)(1), “a party may file and serve specific written objections to a 
magistrate judge’s proposed finding and recommendations within 14 days after being 
served a copy” of the Report and Recommendation. A party may respond to those 
objections  within  14  days  after  being  served  a  copy  of  the  objections.  See  Local 
Rule 72.2(b)(2). All objections and responses must comply with the word or line limits set 
forth in Local Rule 72.2(c).