Pathward, National Association v. Dynamic Metals, LLC, et al.

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

PATHWARD, NATIONAL Case No. 4:26-cv-12226 ASSOCIATION, Hon. F. Kay Behm Plaintiff, United States District Judge

v.

DYNAMIC METALS, LLC, et al.,

Defendants. _____________________________/

ORDER TO OBTAIN COUNSEL On July 1, 2026, Plaintiff Pathward, National Association filed this suit against Dynamic Metals, LLC; Gem City Metal Technologies, LLC; Dynamic Industrial Group, LLC; Dennis Nystrom; and Donald Nystrom. On August 4, 2026, Donald Nystrom appeared through counsel (ECF No. 16), and on August 28, 2026, Dennis Nystrom appeared pro se, filing an answer to the pending motion to appoint a receiver and later an answer to the amended complaint on behalf of himself and “joined by” the three LLC Defendants. (ECF Nos. 20, 21, 22). No counsel has otherwise appeared on behalf of the LLC Defendants. An LLC may not litigate a case pro se; it must have a lawyer represent it or risk default or dismissal. See Rowland v. California Mens Colony, Unit II

Mens' Advisory Council, 506 U.S. 194, 201-03 (1993) (“A corporation, partnership, or association may appear in federal courts only through

licensed counsel and not through the pro se representation of an officer, agent, or shareholder.”)); Doherty v. Am. Motors Corp., 728 F.2d 334, 340 (6th Cir. 1984) (“The rule of this circuit is that a corporation cannot appear in

federal court except through an attorney.”); SEC v. Merklinger, 489 F. App’x 937, 939-40 (6th Cir. 2012) (“A corporate officer may not appear in federal court on behalf of the corporation; rather, the corporation must be

represented by counsel.”) (citing Taylor Steel, Inc. v. Keeton, 417 F.3d 598, 603 (6th Cir. 2005)); see also Century 21 Real Est., LLC v. Everitt, No. 08-

14609, 2009 WL 187704, at *1 (E.D. Mich. Jan. 23, 2009) (“The rule requiring representation by a licensed attorney applies to all artificial entities, including limited liability companies (LLCs ).”).

As such, the Court ORDERS the LLC Defendants to obtain counsel by September 9, 2026, and such counsel shall attend the motion hearing scheduled in this matter on September 9, 2026, at 10:00am on Plaintiff’s

Motion for Appointment of Receiver. Failure to cure the lack of representation in that time may result in a default against the LLC Defendants.

SO ORDERED. Date: September 3, 2026 s/F. Kay Behm F. Kay Behm United States District Judge