Van Donslear v. Wiles

• Court: District Court, D. South Dakota
• Decided: August 7, 2019
• Docket: 4:17-cv-04129
• Status: Unknown

Opinion

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