Dafonseca et al v. Maxforce Delivery Service, LLC
| Elvis Dafonseca, John Dreen and David Carrillo |
| Maxforce Delivery Service, LLC |
| 5:2023cv05113 |
| July 10, 2023 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Defendant |
Docket Report
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This docket was last retrieved on August 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 Mail Returned as Undeliverable marked RTS not deliverable as addressed. Mail originally sent to Trudy Balsamel at 2863 N. Old Missouri Road, Ste 101A including #7 nef Text Only Order striking #6 Pro Se Answer to Complaint; Counterclaim filed by Maxforce Delivery Service, LLC. Resent to email address on doc 6. (lgd) |
| Filing 8 NOTICE by David Carrillo, Elvis Dafonseca, John Dreen Consent to Join - Jonathon Stephens (Noe, Lindsey) |
| Filing 7 TEXT ONLY ORDER DIRECTING the Clerk of Court to STRIKE the pro se Answer and Counterclaim #6 filed on behalf of Defendant Maxforce Delivery Service, LLC. A member or employee of an LLC is not permitted to represent the entity in federal court, pro se. Only a licensed attorney may represent an LLC in federal court. See Ackra Direct Mktg. Corp. v. Fingerhut Corp., 86 F.3d 852, 857 (8th Cir. 1996) ("the law does not allow a corporation to proceed pro se"); see also City of Kansas City v. Hous. & Econ. Dev. Fin. Corp., 366 F. App'x 723, 72324 (8th Cir. 2010) ("artificial entities may appear in federal courts only through licensed attorneys") (citing Rowland v. Cal. Men's Colony, 506 U.S. 194, 20203 (1993)). Maxforce Delivery Service, LLC has FOURTEEN DAYS from today's date to hire licensed counsel and have that counsel file an answer or other responsive pleading. Accordingly, such answer or other responsive pleading must be filed of record by August 28, 2023. Signed by Honorable Timothy L. Brooks on August 14, 2023. (ee) |
| Docket Annotation: Text Only Order 7 mailed to Defendant 08/14/2023. (bjb) |
| Filing 6 ***STRICKEN PER 7 Text Only Order*** ANSWER to #2 Complaint with Jury Demand, COUNTERCLAIM against David Carrillo, Elvis Dafonseca, John Dreen by Maxforce Delivery Service, LLC.(bjb) Modified on 8/14/2023 (bjb). Modified on 8/15/2023 (src). |
| Filing 5 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Maxforce Delivery Service, LLC and returned to attorney or plaintiff for service. YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (tg) |
| Filing 4 Magistrate Notice/Consent Form (tg) |
| Filing 3 THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to Maxforce Delivery Service, LLC for service of the following document: #2 Complaint. (Noe, Lindsey) |
| Filing 2 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AARWDC-2801501), filed by Elvis Dafonseca, David Carrillo, John Dreen.(Noe, Lindsey) |
| Filing 1 CIVIL COVER SHEET by David Carrillo, Elvis Dafonseca, John Dreen. Please proceed with filing your case initiating document(s).If the case initiating documents are not filed by Close of Business the next business day, this file may be closed.A civil action is commenced by filing a complaint with the Court (Fed.R.Civ.P.3). (tg) |
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