MISHIYEV
v.
CIERRA

M.D. Fla. | 2021-09-22
District Court, M.D. Florida (2021)

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Holding

A limited liability company cannot appear in court pro se and must be represented by an attorney, even if the person seeking to represent it is its sole owner.

Facts & Procedural History

Plaintiffs Erik Mishiyev and Short-E LLC filed a motion for injunction relief. Mishiyev, the sole owner of Short-E LLC, filed the motion pro se on beh…

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Pro Se Representation

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Opinion of the Court

ELISEO CIERRA and IHEARTMEDIA INC.,

Defendants. /

OPINION AND ORDER1

Before the Court is Plaintiffs Erik Mishiyev and Short-E LLC’s Motion for Injunction Relief or Restraining Order (Doc. 48). Mishiyev purported to file the motion pro se on behalf of himself and the LLC. But artificial entities— like LLCs—cannot appear in court pro se and must be represented by an attorney. J.J. Rissell, Allentown, PA Trust v. Marchelos, 976 F. 3d 1233, 1235 (11th Cir. 2020); see also M.D. Fla. R. 2.02(b)(2). That remains true even if the person seeking to represent the entity is its sole owner. See Palazzo v. Gulf Oil

on behalf of Short-E, LLC.2 Accordingly, it is now ORDERED: Plaintiffs Erik Mishiyev and Short-E, LLC’s Motion for Injunction Relief

or Restraining Order (Doc. 48) is STRICKEN. DONE and ORDERED in Fort Myers, Florida on September 21, 2021.

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UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

Footnotes
1 Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink’s availability and functionality, and a failed hyperlink does not affect this Order. Corp., 764 F. 2d 1381, 1385-86 (11th Cir. 1985). Mishiyev may not file a motion
2 United States Magistrate Judge Mac R. McCoy ordered Short-E LLC to retain counsel no later than October 13, 2021. (Doc. 44).

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