3D Designs, Inc. v. Dempsters LLC et al

Filing 20

ORDER: On or before November 5, 2020, Defendants Dempsters, LLC and Dempsters Manufacturing, LLC shall obtain the services of counsel and have that attorney file an appearance in this case or have any currently retained counsel enter his or her a ppearance. The answer filed on behalf of Defendants Dempsters, LLC and Dempsters Manufacturing, LLC (Filing No. 19) is stricken as an unauthorized practice of law. The entity-defendants are given leave to refile an answer or other response, through counsel, on or before November 5, 2020. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (ADB)

4:20-cv-03063-JMG-CRZ Doc # 20 Filed: 10/15/20 Page 1 of 2 - Page ID # 81

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
3D DESIGNS, INC.,
Plaintiff,

4:20CV3063

vs.
ORDER
DEMPSTERS LLC, DEMPSTERS
MANUFACTURING LLC, and RYAN
MITCHELL,
Defendants.

On October 13, 2020, Defendant Ryan Mitchell filed an answer in this case,
pro se, as an individual defendant. (Filing No. 18). Mitchell also filed an answer on
behalf the entity-defendants: Dempsters, LLC and Dempsters Manufacturing, LLC.
(Filing No. 19). However, Defendants Dempsters, LLC and Dempsters
Manufacturing, LLC cannot litigate in this forum without representation by licensed
counsel. Knoefler v. United Bank of Bismarck, 20 F.3d 347, 347-48 (8th Cir. 1994).
If Mitchell is a licensed attorney, he has not taken any of the necessary steps to
appear in this case pro hac vice or to inform the court of an attorney-client
relationship between himself and the entity-defendants.
Accordingly, IT IS ORDERED:
1)

On or before November 5, 2020, Defendants Dempsters, LLC and
Dempsters Manufacturing, LLC shall obtain the services of counsel
and have that attorney file an appearance in this case or have any
currently retained counsel enter his or her appearance. The failure
to do so may result in an entry of default and/or a default judgment
against the entity-defendants.

4:20-cv-03063-JMG-CRZ Doc # 20 Filed: 10/15/20 Page 2 of 2 - Page ID # 82

2)

The answer filed on behalf of Defendants Dempsters, LLC and
Dempsters Manufacturing, LLC (Filing No. 19) is stricken as an
unauthorized practice of law. The entity-defendants are given
leave to refile an answer or other response, through counsel, on or
before November 5, 2020.

Dated this 15th day of October, 2020.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge