American Dairy Queen Corporation v. ASARA 12458 LLC et al

Filing 14

MINUTE ORDER striking the documents filed with Shyna Dhanani's signature re: 12 Answer to Complaint and Defendants' 13 Objections to Motion. Within 7 days of this order, Defendant Rizwan Dhanani will be permitted to re-submit the s tricken documents on his own behalf as an individual defendant representing himself pro se; however, he will not be permitted to file anything on behalf of Defendant ASARA 12458, LLC. Plaintiff's 8 MOTION for Preliminary Injunction is re-noted for 3/6/2018. Authorized by Judge Marsha J. Pechman. (PM) cc: Defendant R. Dhanani via first class mail; cc to William McArdell III via email and first class mail

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9
10

AMERICAN DAIRY QUEEN
CORPORATION,

11

CASE NO. C18-66 MJP
MINUTE ORDER

Plaintiff,
12
v.
13
ASARA 12458 LLC, et al.,
14
Defendants.
15
16
The following minute order is made by the direction of the court, the Honorable Marsha
17
J. Pechman, United States District Judge:
18
Upon review of the record and pleadings in this matter, procedural concerns have arisen
19
which the Court wishes to address.
20
Although the Acceptance of Service of Summons and Complaint filed in this case (Dkt.
21
No. 7) was executed by an attorney, no attorney has filed a notice of appearance on behalf of
22
Defendants, which means that they are currently pro se parties; i.e., unrepresented by counsel.
23
24

MINUTE ORDER - 1

1

Parties have the right to personally plead and conduct their own cases. See 28 U.S.C.

2

§1654. However, corporations, LLCs and partnerships may not be represented by unlicensed

3

laypersons, even if those persons own or partly own the business entities. Berrios v. New York

4

City Housing Authority, 564 F.3d 130, 132-33 (2nd Cir. 2009). In order to plead its position

5

before this Court, Defendant ASARA 12458, LLC, must appear through an attorney.

6

Furthermore, two pleadings which have been submitted by Defendants have been signed

7

by “Shyna Dhanani, on behalf of Defendants, pro se.” (See Dkt. No. 12, Answer to Complaint at

8

p. 13; and Dkt. No. 13, Defendants’ Objections to Plaintiff’s Motion at p. 19.) The Court does

9

not know who Ms. Dhanani (she identifies herself as a “she” in the Declaration of Shyna

10

Dhanani; see id. at 20) is, but she does not identify herself as an attorney and she is not a named

11

party to the complaint. Therefore, she is not entitled to practice law by filing legal documents on

12

behalf of Defendants.

13

The Court intends to address these procedural irregularities as follows:

14

1.

The documents filed with Shyna Dhanani’s signature (the Defendants’ Answer to

15

Complaint at Dkt. No. 12 and Defendants’ Objections to Plaintiff’s Motion at Dkt.

16

No. 13) will be STRICKEN.

17

2. Defendant Rizwan Dhanani will be permitted to re-submit the stricken documents on

18

his own behalf as an individual defendant representing himself pro se; however, he

19

will not be permitted to file anything on behalf of Defendant ASARA 12458, LLC.

20

He will be given seven (7) days from the date of this order to do so.

21
22

3. Defendant ASARA 12458, LLC must appear through counsel or risk taking a default
in this litigation.

23
24

MINUTE ORDER - 2

1
2

4. Plaintiff’s pending Motion for Preliminary Injunction (Dkt. No. 8) will be re-noted to
March 6, 2018.

3
4

The clerk is ordered to provide copies of this order to Defendants and to all counsel.

5

Filed: February 22, 2018.

6

William M. McCool
Clerk of Court

7

s/Paula McNabb
Deputy Clerk

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

MINUTE ORDER - 3