GREAT AMERICAN INSURANCE, COMPANY, Plaintiff, vs. M & D TRANSPORTATION SERVICES, INC., Defendant.
Civil Action No. 1:15-cv-087
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO, WESTERN DIVISION
2015 U.S. Dist. LEXIS 85213
June 29, 2015, Decided
June 30, 2015, Filed
COUNSEL: [*1] For Great American Insurance Company, Plaintiff: Gregg E. Thornton, LEAD ATTORNEY, Ward, Hocker, & Thornton PLLC, Lexington, KY.
For M & D Transporation Services, Inc., c/o Richard J Becker, President doing business as MND Transportation, Inc., Michael Giese, Defendants: James Charles Kezele, Susan R Bell, LEAD ATTORNEYS, Cors & Bassett LLC, Cincinnati, OH.
For KWL Trucking, Inc., Defendant: Albert T. Brown, Jr., LEAD ATTORNEY, Cincinnati, OH.
MIB Transport, LLC, Defendant, Pro se, Sacremento, CA.
For Interstate Capital Corp., on behalf of Kee & C Enterprise, LLC, on behalf of Seven Star Express, Inc., on behalf of United States Freight Service – Road and Rail, Inc., on behalf of London Transport, Inc., on behalf of Freight Transport, Inc., Bayland Transport, Inc., Phoenix Capital Group, LLC, on behalf of JPMKL, Inc., Defendant: Bradley M. D’Arcangelo, LEAD ATTORNEY, Toledo, OH.
Stark Logistics, LLC, Defendant, Pro se, Lemont, IL.
Network Xpress, Inc., Defendant, Pro se, Lebanon, TN.
Jason Transport, Inc., Defendant, Pro se, Albert Lea, MN.
For Bula Land Company, LLC, Defendant: Kevin R Carter, LEAD ATTORNEY, Frost Brown Todd LLC, Cincinnati, OH.
Tiesler Trucking, Inc., Defendant, Pro se, Worthington, [*2] MN.
For Kevin Voigt Trucking, Inc., Lakeland Cartage, Inc., Defendants: Eric W. Beery, LEAD ATTORNEY, Beery & Spurlock Co LPA, Columbus, OH.
Artur Express, Inc., Defendant, Pro se, Saint Louis, MO.
G.M. Freight, Inc., Defendant, Pro se, Brookpark, OH.
PDS Express Inc, Defendant, Pro se, St Charles, IL.
For Interstate Capital Corp., Phoenix Capital Group, LLC, Bayland Transport, Inc., Counter Claimants: Bradley M. D’Arcangelo, LEAD ATTORNEY, Toledo, OH.
For Great American Insurance Company, Great American Insurance Company, Great American Insurance Company, Great American Insurance Company, Counter Defendants: Gregg E. Thornton, LEAD ATTORNEY, Ward, Hocker, & Thornton PLLC, Lexington, KY.
For KWL Trucking, Inc., Counter Claimant: Albert T. Brown, Jr., LEAD ATTORNEY, Cincinnati, OH.
JUDGES: Karen L. Litkovitz, United States Magistrate Judge. Barrett, J.
OPINION BY: Karen L. Litkovitz
OPINION
ORDER
Plaintiff Great American Insurance Company brings this interpleader action against a large number of corporate defendants. The Court has sua sponte reviewed the docket of the proceedings and has ascertained that the following corporate entities have been named as defendants in this action and have been served but have not entered [*3] an appearance either pro se or through counsel: Assist Financial Services, Inc., on behalf of Litmax Lines, Inc.; Litmax Lines, Inc.; KWL Trucking, Inc.; Kee & C Enterprises, LLC; United States Freight Service – Road and Rail, Inc.; Seven Star Express, Inc.; London Transport, Inc.; Freight Transport, Inc.; Trucking Experts, LLC; Leyte Gulf, Ltd.; Frank’s Vacuum Truck Service, Inc.; JPMKL, Inc.; Sunbelt Finances, LLC, on behalf of On Time Logistics, LLC; Clark Transportation, Inc.; Cargo Transit Corp.; JB Transportation, Inc.; Riviera Finance of Texas, Inc., on behalf of Southwind Transportation, Inc., and Udui Trucking, LLC; Udui Trucking, LLC; A.J. Lines, Inc.; DF Carrier, LLC; Firstline Funding Group, on behalf of Eva Logistics, Inc., and SAS Transportation, LLC; SAS Transportation, LLC; Menke, LLC; ZS Transportation, LLC; USXL Worldwide, LLC; JD Factors, Inc., on behalf of BNX, LLC, and Pro Star Freight Systems, Inc.; BNX, LLC; Pro Star Freight Systems, Inc.; JT Express, Inc.; Corelogic, Inc., on behalf of LTI Trucking Services, Inc., Stallion Transportation Group, Inc., and A&S Services Group, Inc.; LTI Trucking Services, Inc.; Stallion Transportation Group, LLC; A&S Services Group, [*4] Inc.; Golden Eagle Transportation; Pioneer Tank Lines, Inc.; Taylor Logistics, doing business as Taylor Truck Line, Inc.; Tower Truck Lines, Inc.; Miller & Overton Trucking, Inc.; MAG Transportation, LLC; Fischer Trucking, Inc.; JTrans, Inc.; Special Delivery Express, Inc.; All Seasons Express, LLC; Nationwide Freight Systems, Inc.; American Highway, Inc.; Buchanan Hauling & Rigging, Inc.; LCA Trucking, Inc.; Ash Transport, LLC; Pinewood Transportation, Ltd.; HD Express, Inc.; Pocono Motor Freight, Inc.; Freight Zone Transportation, LLC; MMM Freight Corp.; GP Transportation Co.; St. Charles Trading, Inc.; Stewardship, Inc.; Transport One, Inc.; Owner-Operators Independent Drivers Association, on behalf of LHO Transport, Inc., and TJ Transportation, LLC; LHO Transport, Inc.; TJ Transportation, LLC; A&M Carriers, LLC; Bill Funk Trucking, Inc.; Chasers Express, LLC; M&P Trans, Inc.; Terminal Transport, Inc.; West Wind Logistics, Inc.; Logistics Services, Inc.; Bohren Logistics, Inc.; H.T.I. Hall Trucking Express, Inc.; Dennis R. Hilker Trucking, LLC; National Express Carriers, Inc.; KW Transit, Inc.; Riviera Finance of Texas, Inc., on behalf of Drina Trans, Inc.; Drina Trans, Inc.; B&M [*5] Transportation, LLC; Krueger Transportation, Inc.; Century Finance, LLC, on behalf of Coast 2 Coast Transport, Inc.; Danways Express, LLC; Sargent Trucking, LLC; Uriel Trucking, LLC; Casket Carriers, Inc.; Trademark Transportation, Inc.; RG Transport, LLC; TAK Trucking, Inc.; B&Z Logistics, Inc.; Flagship Transportation, LLC; Family Transport, Inc.; HMD Trucking, Inc.; Herrington Transportation, Inc.; P&B Logistics, Inc.; and Piccolo, Inc.
Any of the above named defendants who wish to enter an appearance in this case must do so through counsel. Title 28 U.S.C. § 1654 provides: “In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct cases therein.” Although § 1654 permits an individual to represent his or her own interests in federal court, the statute does not permit artificial entities, such as corporations, partnerships, associations, or limited liability corporations, to prosecute or defend in federal court except through an attorney who is licensed and admitted to practice in that particular court. See Rowland v. California Men’s Colony, 506 U.S. 194, 201-02, 113 S. Ct. 716, 121 L. Ed. 2d 656 (1993) (all artificial entities, such as corporations, partnerships, [*6] or associations, may only appear in federal court through a licensed attorney). These corporate defendants must therefore proceed in this case through counsel.
Where a corporation fails to appear through counsel, default judgment is warranted pursuant to Fed. R. Civ. P. 55. See Tri-State Hosp. Supply Corp. v. Medi-Pac, LLC, No. 1:06cv824, 2007 U.S. Dist. LEXIS 79355, 2007 WL 3146553, at *3 (S.D. Ohio Oct. 25, 2007) (Barrett, J.); State Farm Mut. Auto. Ins. Co. v. Edward L. Johnson, P.C., No. 11-13819, 2013 U.S. Dist. LEXIS 79320, 2013 WL 2456006, at *5 (E.D. Mich. June 6, 2013) (“A default judgment has been found to be appropriate when a corporate defendant has failed to obtain, and appear through, counsel.”) (citing Gerber v. Riordan, 649 F.3d 514, 516 (6th Cir. 2011); Tri-State Hospital Supply Corp., No. 1:06cv824, 2007 U.S. Dist. LEXIS 79355, 2007 WL 3146553)). Moreover, courts have found it appropriate to enter default judgment against a defendant who fails to answer an interpleader complaint. Usable Life Co. v. Gann, No. 1:09-cv-77, 2009 U.S. Dist. LEXIS 109861, 2009 WL 4348588, at *2 (E.D. Tenn. Nov. 24, 2009) (Court granted default judgment against interpleader defendant who did not answer complaint). See also Amoco Prod. Co. v. Aspen Grp., 59 F. Supp. 2d 1112, 1116 (D. Colo. 1999) (Court granted default judgment in interpleader action against corporate defendant who failed to enter an appearance through counsel). The defaulting party’s interest in the funds at issue in an interpleader action is terminated upon entry of a default judgment. Usable Life Co., No. 1:09-cv-77, 2009 U.S. Dist. LEXIS 109861, 2009 WL 4348588, at *2.
In accordance with the foregoing, failure of an above-named corporate defendant to enter [*7] an appearance in this action through counsel in accordance with the terms of this Order will result in entry of default judgment against that defendant.1
1 The Court notes that service has not yet been executed on the following corporate defendants: Genex Express Enterprises, Inc.; Webb Farm Services; Real Transport, Inc.; USA Choice, Inc.; Apex Capital Corp., on behalf of National Express Carriers, Inc.; Coast 2 Coast Transport, Inc.; and Baxter Bailey & Associates, Inc., on behalf of Herrington Transportation, Inc., Family Transport, Inc., HMD Trucking, Inc., Piccolo, Inc., and P&B Logistics, Inc.
IT IS THEREFORE ORDERED THAT:
1. The following corporate defendants shall enter an appearance in this action through counsel within thirty (30) days of the date of this Order: Assist Financial Services, Inc., on behalf of Litmax Lines, Inc.; Litmax Lines, Inc.; KWL Trucking, Inc.; Kee & C Enterprises, LLC; United States Freight Service – Road and Rail, Inc.; Seven Star Express, Inc.; London Transport, Inc.; Freight Transport, Inc.; Trucking Experts, LLC; Leyte Gulf, Ltd.; Frank’s Vacuum Truck Service, Inc.; JPMKL, Inc.; Sunbelt Finances, LLC, on behalf of On Time Logistics, LLC; Clark Transportation, [*8] Inc.; Cargo Transit Corp.; JB Transportation, Inc.; Riviera Finance of Texas, Inc., on behalf of Southwind Transportation, Inc., and Udui Trucking, LLC; Udui Trucking, LLC; A.J. Lines, Inc.; OF Carrier, LLC; Firstline Funding Group, on behalf of Eva Logistics, Inc., and SAS Transportation, LLC; SAS Transportation, LLC; Menke, LLC; ZS Transportation, LLC; USXL Worldwide, LLC; JD Factors, Inc., on behalf of BNX, LLC, and Pro Star Freight Systems, Inc.; BNX, LLC; Pro Star Freight Systems, Inc.; JT Express, Inc.; Corelogic, Inc., on behalf of LTI Trucking Services, Inc., Stallion Transportation Group, Inc., and A&S Services Group, Inc.; LTI Trucking Services, Inc.; Stallion Transportation Group, LLC; A&S Services Group, Inc.; Golden Eagle Transportation; Pioneer Tank Lines, Inc.; Taylor Logistics, doing business as Taylor Truck Line, Inc.; Tower Truck Lines, Inc.; Miller & Overton Trucking, Inc.; MAG Transportation, LLC; Fischer Trucking, Inc.; JTrans, Inc.; Special Delivery Express, Inc.; All Seasons Express, LLC; Nationwide Freight Systems, Inc.; American Highway, Inc.; Buchanan Hauling & Rigging, Inc.; LCA Trucking, Inc.; Ash Transport, LLC; Pinewood Transportation, Ltd.; HD Express, [*9] Inc.; Pocono Motor Freight, Inc.; Freight Zone Transportation, LLC; MMM Freight Corp.; GP Transportation Co.; St. Charles Trading, Inc.; Stewardship, Inc.; Transport One, Inc.; Owner-Operators Independent Drivers Association, on behalf of LHO Transport, Inc., and TJ Transportation, LLC; LHO Transport, Inc.; TJ Transportation, LLC; A&M Carriers, LLC; Bill Funk Trucking, Inc.; Chasers Express, LLC; M&P Trans, Inc.; Terminal Transport, Inc.; West Wind Logistics, Inc.; Logistics Services, Inc.; Bohren Logistics, Inc.; H.T.I. Hall Trucking Express, Inc.; Dennis R. Hilker Trucking, LLC; National Express Carriers, Inc.; KW Transit, Inc.; Riviera Finance of Texas, Inc., on behalf of Drina Trans, Inc.; Drina Trans, Inc.; B&M Transportation, LLC; Krueger Transportation, Inc.; Century Finance, LLC, on behalf of Coast 2 Coast Transport, Inc.; Danways Express, LLC; Sargent Trucking, LLC; Uriel Trucking, LLC; Casket Carriers, Inc.; Trademark Transportation, Inc.; RG Transport, LLC; TAK Trucking, Inc.; B&Z Logistics, Inc.; Flagship Transportation, LLC; Family Transport, Inc.; HMO Trucking, Inc.; Herrington Transportation, Inc.; P&B Logistics, Inc.; and Piccolo, Inc.
2. Failure of a corporate defendant [*10] to enter an appearance through counsel in accordance with the terms of this Order will result in entry of default judgment against that defendant.
Date: 6/29/15
/s/ Karen L. Litkovitz
Karen L. Litkovitz
United States Magistrate Judge
