United States District Court, W.D. Missouri, Western Division
JERALD S. ENSLEIN, in his capacity as Trustee for Xurex, Inc., Plaintiff,
GIACOMO E. DI MASE, et al., Defendants.
ORDER AND OPINION ENTERING DEFAULT AGAINST DEFENDANTS
DURASEAL PIPE COATINGS COMPANY LLC AND DURASEAL HOLDINGS,
S.R.L. AS TO LIABILITY ON COUNTS I, II, AND III
D. SMITH, SENIOR JUDGE UNITED STATES DISTRICT COURT
reasons stated below, the Court enters default against
Defendants DuraSeal Pipe Coatings Company LLC
(“DuraSeal Pipe”) and DuraSeal Holdings, S.r.L.
(“DuraSeal Holdings”) on the issue of liability
on Counts I, II, and III.
Jerald Enslein filed this lawsuit in 2016, alleging claims
against nine individuals and three corporate entities.
Relevant to this Order, the corporate entities are DuraSeal
Pipe, a Missouri limited liability company; DuraSeal
Holdings, an Italian company; and HDI, Holding Development
Investment, S.A. (“HDI”), a Luxembourg
company. Doc. #236, ¶¶ 16- 17, 22; Doc.
#237, ¶¶ 16-17, 22; Doc. #244, ¶¶ 16-17,
22; Doc. #274, ¶¶ 16-17, 22; Doc. #362, at 6; Doc.
#364, at 13, 41-42.
Pipe, DuraSeal Holdings, and HDI were initially represented
by Spencer Fane LLP. In July 2017, Spencer Fane sought leave
to withdraw due to, among other things, their clients'
lack of “sufficient resources to continue to retain
counsel, ” and the law firm's continued
representation “would very likely result in financial
hardship.” Doc. #65. DuraSeal Pipe, DuraSeal Holdings,
and HDI consented to the motion, and the Court granted the
motion. Doc. #65, at 2-3; Doc. #66.
in November 2017, attorneys from Rouse Frets White Goss
Gentile Rhodes, P.C. entered appearances on behalf of
DuraSeal Pipe, DuraSeal Holdings, and HDI. Docs.
#123-24. Rouse Frets remained counsel of record for
the corporate entities, filing numerous motions and briefs.
However, on July 12, 2019, approximately one month after the
Court decided the parties' summary judgment motions,
Rouse Frets filed a motion seeking to withdraw as counsel due
to their clients' failure to pay a substantial amount of
past due fees and expenses. Doc. #439. The Court expedited
briefing on the motion due to the imminent pretrial filing
deadlines, pretrial conference, and trial. Doc. #440.
DuraSeal Pipe, DuraSeal Holdings, and HDI did not respond to
23, 2019, the Court granted Rouse Frets's motion to
withdraw. Doc. #442. In its Order, the Court informed
DuraSeal Pipe, DuraSeal Holdings, and HDI that they were not
permitted to represent themselves. Id. at 2-3
(citations omitted). They were informed they “must
secure legal representation before the pretrial conference is
held in this matter. If legal representation is not secured
by the corporate defendants, they may be subject to default
judgment against them and in Plaintiff's favor.”
Id. (citations omitted). In the same Order, the
Court reminded DuraSeal Pipe, DuraSeal Holdings, and HDI that
pretrial filings were due beginning on August 14, 2019, the
pretrial conference was scheduled for September 11, 2019, and
the trial would begin on November 4, 2019. Id. at 3
(citing Docs. #432, 437). The Court also stated it would
“not alter or modify the scheduling order, and the
pretrial conference and trial will not be postponed and all
current deadlines shall remain in place.” Id.
August 20, 2019, the Court issued an Order reminding the
parties of the pretrial conference set for September 11,
2019. Doc. #471. On September 4, 2019, the Court received a
motion from Jose Di Mase, Giacomo Di Mase, DuraSeal Pipe,
DuraSeal Holdings, and HDI seeking leave to appear at the
pretrial conference telephonically or via video. Doc. #504.
The motion was signed by Giacomo Di Mase on behalf of himself
and signed by Jose Di Mase on behalf of himself and on behalf
of DuraSeal Pipe, DuraSeal Holdings, and HDI. Id. at
2. The Di Mases, DuraSeal Pipe, DuraSeal Holdings, and HDI
were listed as “pro se” on the motion.
September 6, 2019, the Court issued its decision on the
motion. Doc. #506. The Court granted Jose Di Mase and Giacomo
Di Mase's request for leave to appear at the pretrial
conference telephonically. Id. at 2. But the Court
denied DuraSeal Pipe, DuraSeal Holdings, and HDI's
request to appear telephonically. Id. The Court
informed the Di Mases that because they were not attorneys,
“[t]hey may NOT represent the corporate entities or
file documents on behalf of the corporate entities.”
Id. at 2. Regarding the pretrial conference, the
Court reiterated its expectations and the ramifications of
the corporate entities' decision not to secure counsel
To be clear, the corporate entities are not permitted to
represent themselves. And, if they are not represented by
counsel, the corporate entities may not attend or participate
in the pretrial conference. Without representation, no one is
permitted to speak on behalf of the corporate entities or
carry out any order issued by the Court to the corporate
entities. If they fail to secure counsel to represent them at
the pretrial conference, the corporate entitles will be in
violation of this Court's Orders, which will justify the
Court entering a monetary judgment against them and in
Id. The Order was sent via the Court's e-filing
system to Jose Di Mase and Giacomo Di Mase, emailed from the
undersigned's staff to Jose Di Mase and Giacomo DI Mase,
and mailed to the corporate entities.
date, DuraSeal Pipe, DuraSeal Holdings, and HDI have not
filed their exhibit or witness lists (or any other pretrial
filings). Docs. #174, 432. They have not engaged with the
other parties in the process of stipulating to facts,
foundation of exhibits, and admissibility of exhibits. On
September 11, 2019, no attorney appeared at the pretrial
conference on behalf of the corporate entities. During the
hearing, in which Jose Di Mase (who signed on behalf of the
corporate entities in the motion and who Rouse Frets
identified as the person to receive filings on behalf of the
corporate entities) participated, the Court stated it was
inclined to enter default judgment against the parties who
did not appear at the pretrial hearing. To date, DuraSeal
Pipe, DuraSeal Holdings, and HDI remain unrepresented and
have not filed anything since July 2019.