Whitetail Ridge Trust CTO et al v. Benge et al

Filing 5

ORDER OF DISMISSAL signed by Judge William C Griesbach on 6/3/24. The case is dismissed without prejudice for failure to prosecute. The Clerk is directed to enter judgment. (cc: all counsel and mailed to pro se party)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
WHITETAIL RIDGE TRUST, CTO,
Dean Raymond Daul and Daniel Scott Peterson
as Trustees and Secured Party Creditors,
Plaintiff,
and

Case No. 24-C-485

HEAVENS DOOR TRUST, CTO,
Wayne M. Lautenbach,
Involuntary Plaintiff,
v.
JOHN JOSEPH BENGE, DR. KEITH DAVIS,
TRACI THRAP, ALAN WILSON, PATRICK W.
GREENWOOD, DANIEL RAY ROCKHOLD,
ELIZABETH MARIE POLSDOFER, and
JIM REBER,
Defendants.
ORDER OF DISMISSAL
Dean Raymond Daul and Daniel Scott Peterson, proceeding pro se, brought this action on
behalf of Whitetail Ridge Trust CTO as its trustees and secured party creditors. On May 5, 2024,
the court ordered their complaint stricken because “as a general rule, a nonlawyer cannot represent
a trust pro se.” United States v. Sanders, 676 F. App’x 599, 600 (7th Cir. 2017) (citing United
States v. Hagerman, 545 F.3d 579, 582 (7th Cir. 2008); Navin v. Park Ridge Sch. Dist., 270 F.3d
1147, 1149 (7th Cir. 2001)); see also Civil L. R. 83(e) (E.D. Wis.) (“Only natural persons,
including those operating sole proprietorships may appear pro se.

Legal entities, such as

corporations, partnerships, unincorporated associations, limited liability companies, or trusts, must
be represented by legal counsel.”). Accordingly, the court ordered that, in order to proceed with
this action, Daul and Peterson had to retain counsel to represent the Trust in this matter by May
31, 2024. Dkt. No. 2 at 2. Further, Daul and Peterson were warned that “[f]ailure to comply with
this order will result in dismissal of the action without prejudice.” Id.
To date, no counsel has filed a notice of appearance to represent the Trust. Daul and
Peterson have filed two letters expressing their dissatisfaction with the court’s order striking their
complaint. Their dissatisfaction appears to be rooted in their confusion between Rule 83 of the
Federal Rules of Civil Procedure and Rule 83 of this district’s Civil Local Rules. As the court
noted in its previous order, this district’s local rules require that trusts be represented by legal
counsel. Id. at 1 (citing Civil L. R. 83(e)). In any event, Daul and Peterson no longer seem
interested in prosecuting this action, stating that “[b]ecause the official has struck the complaint of
24-CV-485, the Plaintiffs/Trustees agree and state that there is nothing to be gained by the
continuation of any aspect of this suit.” Dkt. No. 4 at 4. Therefore, the court will dismiss this case
without prejudice.
IT IS THEREFORE ORDERED that this case is DISMISSED without prejudice for
failure to prosecute. The Clerk is directed to enter judgment accordingly.
Dated at Green Bay, Wisconsin this 3rd day of June, 2024.
s/ William C. Griesbach
William C. Griesbach
United States District Judge

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