Van Donslear v. Wiles et al

Filing 42

ORDER TO OBTAIN COUNSEL. Signed by U.S. District Judge Karen E. Schreier on 8/7/2019. (CLR) Modified on 8/7/2019 delivered to Kirk Wiles as Registered Agent for Kenway Foods, Inc. and Kenway Foods II, Inc. via USPS (CLR).

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
RUTH ANN VAN DONSLEAR,

4:17-CV-04129-KES

Plaintiff,
vs.

ORDER TO OBTAIN COUNSEL

KIRK WILES, KENWAY FOODS, INC.,
and KENWAY FOODS II, INC.,
Defendants.
On April 12, 2019, the court granted attorney Benjamin L. Kleinjan’s
motion to withdraw as counsel for defendants (Docket 37). Docket 40.
Generally, parties are able to represent themselves pro se. See 28 U.S.C. §
1654. But the Eighth Circuit has held that § 1654 does not apply to
corporations. Carr Enters. v. United States, 698 F.2d 952, 953 (8th Cir. 1983)
(reasoning that § 1654 “has never been interpreted to allow an individual to
appear for a corporation pro se.”). The rule requiring corporations to be
represented by an attorney applies to limited liability companies and
corporations with one sole shareholder. See, e.g., Superior Composite
Structures, LLC v. Abersham Commercial, Ltd., No. 10-CV-4066-KES, Docket 32
(D.S.D. Apr. 29, 2011) (refusing to allow limited liability corporation to be
represented pro se); Antioch Co. v. Scrapbook Borders, Inc., 210 F.R.D. 645, 646
n.1 (D. Minn. 2002) (“Even sole shareholders of corporations are prohibited

from representing such corporations pro se.”); Energy Lighting Mgmt., LLC v.
Kinder, 363 F. Supp. 2d 1331, 1332 (M.D. Fla. 2005) (refusing to allow counsel
for a limited liability company to withdraw without substitution). Defendants
Kenway Foods, Inc., and Kenway Foods II, Inc. are corporations that cannot be
represented by a non-attorney. Thus, it is
ORDERED that Kenway Foods, Inc. and Kenway Foods II, Inc. have 30
days to secure new counsel. Failure to obtain counsel by September 7, 2019
will result in dismissal of this matter without prejudice.
Dated August 7, 2019.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE

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