Zieev v. Saidov et al

Filing 8

ORDER - The defendants TJK Transport, LLC and Freight On Time, LLC shall have to on or before April 12, 2016, to have licensed counsel enter an appearance on their behalf or show cause why default should not be entered against them. ( Show Cause Deadline set for 4/12/2016.) Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

DALER KHUSEINOVICH ZIEEV,
Plaintiff,

8:16CV56

vs.
ORDER
UMED SAIDOV,
FARKHOD SAIDOV,
TJK TRANSPORT, LLC, and
FREIGHT ON TIME, LLC,
Defendants.
This matter is before the court sua sponte. Two of the defendants filed answers
on their own behalf. See Filing Nos. 5 and 6. One of the individual defendants, Umed
Saidov, also filed an answer on behalf of the defendants TJK Transport, LLC and
Freight On Time, LLC. See Filing No. 7. Umed Saidov distinguished the answer on
behalf of the two companies by noting he was doing so in his capacity as their
“registered agent.” Id. Legal counsel has not entered an appearance on behalf of any
of the defendants.
“In all courts of the United States the parties may plead and conduct their own
cases personally or by counsel as, by the rules of such courts, respectively, are
permitted to manage and conduct causes therein.” 28 U.S.C. § 1654. “[U]nlicensed
individuals may not represent other parties in Federal Court under this Statute.” Turner
v. Am. Bar Ass’n, 407 F. Supp. 451, 475 (N.D. Tex. 1975) aff'd sub nom. Taylor v.
Montgomery, 539 F.2d 715 (7th Cir. 1976) and aff'd sub nom. Pilla v. Am. Bar Ass’n,
542 F.2d 56 (8th Cir. 1976). “[A] corporation may appear in the federal courts only
through licensed counsel.” Rowland v. California Men’s Colony, 506 U.S. 194, 202
(1993); Ackra Direct Mktg. Corp. v. Fingerhut Corp., 86 F.3d 852, 857 (8th Cir.
1996). “[T]he rationale for that rule applies equally to all artificial entities.” Rowland,
506 U.S. at 202. Natural persons only may petition courts themselves and appear pro
se. Id. at 203.
[B]ecause pro se means to appear for one’s self, a person
may not appear on another person’s behalf in the other’s
cause. A person must be litigating an interest personal to

him. For example, a lay person may not represent a
corporation or a partnership or appear on behalf of his or her
own minor child.
Iannaccone v. Law, 142 F.3d 553, 558 (2d Cir. 1998); see also Guest v. Hansen, 603
F.3d 15, 20 (2d Cir. 2010) (holding “an administr[ator] or execut[or] of an estate may not
proceed pro se when the estate has beneficiaries or creditors other than the litigant”).
There is no evidence in the record Mr. Saidov is a licensed attorney. In the
Eighth Circuit, an entity is technically in default absent representation by licensed
counsel. Ackra Direct, 86 F.3d at 857. The court will allow the defendants time to
secure counsel.

If the corporate defendants fail to respond to this order or obtain

counsel, the court may enter an order for default. See Fed. R. Civ. P. 55. Accordingly,

IT IS ORDERED:
The defendants TJK Transport, LLC and Freight On Time, LLC shall have to on
or before April 12, 2016, to have licensed counsel enter an appearance on their behalf
or show cause why default should not be entered against them.

Dated this 11th day of March, 2016.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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