Shaik v. Mordy

CourtDistrict Court, E.D. Oklahoma
DecidedJuly 30, 2024
Docket6:24-cv-00256
StatusUnknown

This text of Shaik v. Mordy (Shaik v. Mordy) is published on Counsel Stack Legal Research, covering District Court, E.D. Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shaik v. Mordy, (E.D. Okla. 2024).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

ZAK SHAIK and BAARI ) ARDMORE HOUSING LLC, ) ) Plaintiffs, ) ) v. ) Case No. 24-cv-00256-GLJ ) DAVID G. MORDY, DAVID G. ) MORDY, PLLC, RYAN ) HUNNICUTT, DENNIS MORRIS, ) CARTER COUNTY, HOLY HOLT ) ALLIED SERVICES CO., JOSH ) RUSHING, JOSH’S FLOORING ) AND REMODELING INC., DEAN ) EARHEART, KAYELENE ) JACKSON, and CARTER COUNTY ) COURT CLERK’S OFFICE, ) ) Defendants. )

ORDER

Plaintiff Zak Shaik1 responded to the Court’s July 22, 2024 Order [Docket No. 6] Directing that Plaintiff Baari Ardmore Housing LLC will be dismissed without prejudice if a licensed attorney does not enter an appearance on its behalf on or before August 21, 2022. Plaintiff Shaik disputes the authority cited by the Court that non-attorney individuals are not allowed to represent pro se legal entities such as limited liability companies like Baari Ardmore Housing. See Docket No. 9. For the reasons set forth below, Plaintiff

1 For the reasons set forth herein, the Court treats the Response as filed only on behalf of Plaintiff Zak Shaik and not Baari Ardmore Housing LLC. Shaik’s arguments are unsupported by the law and, therefore, the Plaintiffs’ Response to Minute Order Regarding Pro Se Representation [Docket No. 9] seeking relief from the

Court’s order directing Baari Ardmore Housing LLC to obtain counsel or be dismissed without prejudice is DENIED. Procedural Background This matter arises out of an Oklahoma legal action to collect on a debt and/or to enforce a judgment lien obtained as a result of a default judgement by attorney David G. Mordy on behalf of Hoyle Holt Allied Services Co. and certain mechanics/materialman

liens Mordy filed on behalf of Josh Rushing and/or Josh’s Flooring and Remodeling Inc. in Carter County, Oklahoma (“Carter County Dispute”). See Docket No. 1. Plaintiffs allege various constitutional and other rights were violated when, during the course of the Carter County Dispute, Shaik had a series of disagreements with Carter County District Court Judges and the Carter County Court Clerk. Id. Plaintiffs assert claims against not

only the litigants and their attorney in the Carter County Dispute, but also the presiding Judge, Ryan Hunnicutt, Chief Judge Dennis Morris, Carter County, the Carter County Court Clerk’s office, Kayelene Jackson, the Carty County Court Clerk, and Dean Earheart, a process server who had the misfortune of serving process related to some or all of the Carter County Dispute. Id.

Like in this case, one of the apparent underlying sources of contention in the Carter County Dispute was Shaik’s insistence that he could or was representing Baari Ardmore Housing LLC on a pro se basis. From all indications in the Complaint, Shaik is not and

-2- has never been a licensed attorney in Oklahoma or any other state. After the current lawsuit was filed, the Court entered an order on July 22, 2024, noting that “Parties who are not

natural persons may not appear pro se”, finding that “Shaik is not permitted to represent Baari Ardmore Housing, LLC as a pro se litigant”, and, therefore, directing “that a licensed attorney must enter an appearance on behalf of Baari Ardmore Housing, LLC on or before Wednesday, August 21, 2024, or Baari Ardmore Housing, LLC will be dismissed as a party to this action without prejudice.” See Docket No. 6.

Analysis In his response, Shaik contends that he should be permitted to represent Baari Ardmore House pro se.2 Specifically, Shaik argues that he is permitted to do so by Oklahoma statute and Oklahoma caselaw. See Docket No. 9, p. 1. Shaik also argues that other federal decisions support his position and that, as a single-member LLC, Baari Ardmore House should be treated different than corporations. Id., pp. 2-3

Neither the statute nor caselaw cited in the Response supports Shaik’s position that as a non-lawyer he should be permitted to represent Baari Ardmore Housing pro se. The Complaint alleges that Baari Ardmore Housing is a limited liability company formed under the laws of Oklahoma. See Docket No. 1. The Oklahoma Limited Liability Company Act

2 Although styled as “Plaintiffs’ Response to Minute Order Regarding Pro Se Representation,” the Court treats the Response as a motion for relief from the Order directing Baari Ardmore Housing to obtain counsel or be dismissed without prejudice. See Green v. Dorrell, 969 F.2d 915, 917 (10th Cir. 1992) (requiring courts to liberally construe a pro se litigant's pleadings); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991) (a court construes a pro se party's pleadings liberally and holds them “to a less stringent standard than [that applied to] formal pleadings drafted by lawyers.”). -3- (the “LLC Act”), governs the formation, operation, dissolution, and cancellation of Oklahoma limited liability companies. See 18 O.S. §§ 2000, et seq.; In re Midpoint Dev.,

L.L.C., 466 F.3d 1201, 1204 (10th Cir. 2006); Vista Exploration Co. v. Mewbourne Oil Co., 2010 WL 1980196, *1 (W.D. Okla. May 17, 2010). A domestic LLC is formed under the LLC Act when executed articles of organization are filed with the Secretary of State, along with payment of the requisite fees. 18 O.S. § 2004. An LLC may be “for the purpose of carrying on any lawful business, purpose or activity, whether or not for profit.” Id. at § 2002. Once its articles become effective, the LLC becomes a separate legal entity, “the

existence of which as a separate legal entity continues until cancellation of the limited liability company's articles of organization and completion of its winding up, if any.” Id. at § 2004(B)(1). Shaik first argues that 18 O.S. §§ 2003 and 2019(A) support his position.3 Neither statute does so. Section 2003(1) provides that a limited liability company may “[s]ue, be

sued, complain and defend in all courts.” 18 O.S. § 2003(1).4 To sue or be sued in the name of the LLC as a legal entity is simply one of the powers granted to an LLC by Oklahoma law. Such language has no bearing on who can represent the LLC in such suits. Similarly, 2019(A) simply provides that every manager of an LLC is an agent of the LLC and, as such, can bind the LLC in its dealings. 18 O.S. § 2019(A).

3 In a similar case filed in the Eastern District of Oklahoma by Zak Shaik and Baari Ardmore Housing LLC arising out of litigation in Murray County, Oklahoma, 24-cv-253-GLJ, Shaik also argues 18 O.S. § 2003(12) supports his right to represent the LLC pro se. To avoid any confusion, the Court will address both statutes in this order. 4 Shaik specifically cites to 18 O.S. § 2003(12), which addresses operating agreements of limited liability companies, but references the sue and be sued language in subparagraph (1). -4- The local rules of the Eastern District of Oklahoma plainly prohibit parties who are not natural persons from appearing pro se. See LCvR. 17.1. This local rule follows the

clear law of the Tenth Circuit, which prohibit non-lawyers from representing LLCs. See, e.g., Am. Contractors Indem. v. Boeding, 490 F. App’x. 141, 145 (10th Cir. 2012) (holding that a limited liability company could not be represented by a non-attorney on appeal); Roscoe v. United States, 134 F. App’x 226, 227 (10th Cir. 2005) (dismissing the limited liability company as a pro se plaintiff); Harrison v. Wahatoyas, LLC, 253 F.3d 552 (10th Cir. 2001). Although not specifically addressed by Oklahoma courts, other courts have

interpreted the same sue or be sued language as 18 O.S. § 2003(1) as not granting non- lawyers the power to represent LLCs. See, e.g., Martinez v. Roscoe, 33 P.3d 887 (N.M. App.

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