United States of America v. Seeley et al

Filing 13

ORDER denying without prejudice to reassertion following retention of counsel Defendant James Fontano as Trustee of KEA Trust's Motion to File After Deadline and for Extension of Time to file a Responsive Pleading 12 . Ordered by Magistrate Judge F.A. Gossett. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,
V.
KENNETH SEELEY, EILEEN
SEELEY, JAMES FONTANO, as
trustee of KEA Trust, and HOLT
COUNTY, NEBRASKA,
Defendants.

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8:15CV316

ORDER

Defendant James Fontano, as Trustee of KEA Trust, has filed a motion requesting
leave to file an answer out of time. (Filing 12.) Although the motion is unopposed, the Court
is unable to grant the requested relief at this time. A non-attorney trustee, such as Mr.
Fontano, may not represent a trust pro se, that is, without the assistance of counsel. See
Knoefler v. United Bank of Bismarck, 20 F.3d 347, 348 (8th Cir. 1994). Therefore, Mr.
Fontano must obtain counsel to act on behalf of the KEA Trust before the Court grants the
requested relief.
Accordingly,
IT IS ORDERED that Defendant James Fontano as Trustee of KEA Trust’s Motion
to File After Deadline and for Extension of Time to File a Responsive Pleading (filing 12)
is denied without prejudice to reassertion following retention of counsel.
DATED October 7, 2015.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge