Elder v. Shri Ganesh Yellowstone LLC — Corporate Defendants Ordered to Obtain Counsel by April 8, 2026
Summary
The United States District Court for the District of Montana granted Plaintiff Josh Elder's Request for Entry of Default against corporate defendants Shri Ganesh Yellowstone, LLC and Ganeshay Bozeman, LLC, after their counsel withdrew on December 1, 2025 and no new attorney appeared within ninety days. The court ordered the corporate defendants to obtain counsel and respond to Elder's Request for Default by April 8, 2026, warning that failure to do so will result in entry of default. The order cites the longstanding rule that corporations and unincorporated associations must appear through an attorney, as well as D. Mont. L.R. 83.3(b).
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What changed
The court granted Josh Elder's Request for Entry of Default against corporate defendants Shri Ganesh Yellowstone LLC and Ganeshay Bozeman LLC. The defendants' prior counsel withdrew on December 1, 2025, and no new attorney appeared within ninety days. The court ordered the corporate defendants to obtain counsel and respond by April 8, 2026. Failure to comply will result in the Clerk entering default against them.\n\nCorporations and unincorporated associations appearing in federal court in Montana must be represented by licensed attorneys per D. Mont. L.R. 83.3(b). Corporate entities without counsel cannot appear in federal court and risk default judgment if they fail to obtain representation within the deadline ordered by the court.
What to do next
- Retain counsel to respond to Elder's Request for Default on behalf of Shri Ganesh Yellowstone LLC and Ganeshay Bozeman LLC by April 8, 2026
Archived snapshot
Apr 24, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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March 25, 2026 Get Citation Alerts Download PDF Add Note
Josh Elder v. Shri Ganesh Yellowstone, LLC; Ganeshay Bozeman, LLC; Purvish Soni
District Court, D. Montana
- Citations: None known
- Docket Number: 2:25-cv-00019
Precedential Status: Unknown Status
Trial Court Document
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
JOSH ELDER,
CV-25-19-BU-JTJ
Plaintiff,
v.
ORDER
SHRI GANESH YELLOWSTONE, LLC;
GANESHAY BOZEMAN, LLC;
PURVISH SONI,
Defendants.
Plaintiff Josh Elder (Elder) has filed a Request for Entry of Default against
Defendants Shri Ganesh Yellowstone, LLC, (SGY) and Ganeshay Bozeman, LLC,
(GB) pursuant to Fed. R. Civ. P. 55(a). (Doc. 23).
SGY and GB initially appeared in this matter through counsel who filed an
Answer on their behalf on August 1, 2025. (Doc. 13). On November 24, 2025, their
counsel filed an Unopposed Motion to Withdraw. (Doc. 21). The affidavit included
with this motion stated that SGY and GB had been advised of their obligation to
retain new counsel. (Doc. 21-1, ¶ 6). The Court granted the motion on December 1,
2025. (Doc. 22).
It is a longstanding rule that corporations and other unincorporated
associations must appear in court through an attorney. In re American West Airlines
v. America West Airline, 40 F.3d 1058, 1059 (9th Cir. 2004); D-Beam, Ltd. P’ship v.
Roller Derby Skates, Inc., 366 F.3d 972, 973-74 (9th Cir. 2004). Further, L.R. 83.3(b)
of the District of Montana’s Local Rules of Procedure provides that any entity other
than an individual, including but not limited to a corporation, an unincorporated
association, a partnership, or a union, may appear only by an attorney. No counsel
having made an appearance on behalf of SGY or GB for over ninety days and no
response to Elder’s Request for Default having been filed within 14 days as required
by L.R. 7.1(d)(1)(B)(ii),
IT IS HEREBY ORDERED:
1. SGY and GB shall have until April 8, 2026, to have counsel respond to
Elder’s Request for Default on their behalf. Their failure to do so shall result in the
Court directing the Clerk to enter the default of SGY and GB.
DATED this 25th day of March 2026.
A fohn Johnston =—_—
United States Magistrate Judge
Named provisions
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