Zieev v. Saidov et al

Filing 9

ORDER - The Clerk of Court shall strike the Answer 7 filed on behalf of the defendants TJK Transport, LLC, and Freight On Time, LLC. 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 behalves. 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 allowed the defendants time to
secure counsel.

The defendants failed to respond to the order or obtain counsel.

Accordingly, the court will enter an order striking the corporate defendants’ answer.

IT IS ORDERED:
The Clerk of Court shall strike the answer (Filing No. 7) filed on behalf of the
defendants TJK Transport, LLC, and Freight On Time, LLC.
Dated this 20th day of April, 2016.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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