Theresa Segerson Tz Trucking Llc V Scott Schaub Josh Zantello Ian

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Automated Summary

Key Facts

Plaintiffs' complaint was dismissed with leave to amend by February 20, 2026, due to two primary issues: (1) failure to serve defendants within the required 90-day period under Federal Rule of Civil Procedure 4(m), and (2) the pro se plaintiff cannot represent an LLC in federal court. The court also mandated that TZ Trucking retain licensed counsel to proceed with its claims. Additionally, the complaint lacks a stated basis for federal subject matter jurisdiction, requiring amendment to establish diversity of citizenship (28 U.S.C. § 1332) for state law claims to remain in federal court.

Transaction Type

Other

Issues

  • Plaintiffs did not serve Defendants within the 90-day period required by Federal Rule of Civil Procedure 4(m). The Court has given Plaintiffs until February 20, 2026, to complete service, citing good cause due to their pro se status. Failure to meet this deadline will result in dismissal without prejudice.
  • The Court dismissed the Complaint with leave to amend because Plaintiffs' state law claims lack a proper basis for federal jurisdiction. Federal courts require either a federal question (Constitution or federal law) or diversity of citizenship with over $75,000 in damages. Plaintiffs must amend their Complaint to establish diversity jurisdiction by February 20, 2026.
  • The Court held that a self-represented litigant cannot represent a business entity (TZ Trucking LLC) in federal court. Plaintiffs must retain licensed counsel for the LLC by February 20, 2026, or face dismissal of the LLC's claims. This ruling cites Rowland v. California Men's Colony and C.E. Pope Equity Trust v. United States.

Holdings

  • Self-represented Plaintiffs are granted an extended deadline (February 20, 2026) to serve all Defendants under Federal Rule of Civil Procedure 4(m), given the 162 days that have passed since the Complaint was filed in July 2025.
  • The court dismissed the Complaint with leave to amend by February 20, 2026, due to lack of service on Defendants and failure to establish subject matter jurisdiction for state law claims. Plaintiffs must also retain counsel for TZ Trucking, LLC, to proceed.
  • The Complaint fails to establish a valid basis for federal subject matter jurisdiction (federal question or diversity of citizenship) for the state law claims. Plaintiffs must amend to plead sufficient facts for diversity jurisdiction by February 20, 2026.
  • A pro se Plaintiff (Theresa Segerson) cannot represent a business entity (TZ Trucking, LLC) in federal court. The Court ordered TZ Trucking to retain licensed counsel by February 20, 2026, or face dismissal as a Plaintiff.

Remedies

  • Plaintiffs' Complaint is dismissed with leave to amend by February 20, 2026. The Court provides an opportunity to correct deficiencies in the pleading.
  • The Court directs Plaintiffs to retain counsel for TZ Trucking, LLC, and to complete service on all Defendants by February 20, 2026. Failure to do so may result in dismissal.

Legal Principles

  • Federal courts have limited jurisdiction and may only hear cases involving a federal question (Constitution, federal law, or treaty) or diversity of citizenship (parties from different states with over $75,000 in damages). The court dismissed the complaint for failing to establish a valid jurisdictional basis for the state law claims.
  • A self-represented litigant who is not a licensed attorney cannot represent a business entity in federal court. This principle is derived from Rowland v. California Men's Colony, 506 U.S. 194, 195 (1993), which holds that corporations, partnerships, or associations must be represented by licensed attorneys in federal proceedings.
  • Under Federal Rule of Civil Procedure 4(m), a plaintiff must serve a defendant within 90 days of filing the complaint. If service is not completed, the court may dismiss the action without prejudice. The court granted an extension for service in this case due to the plaintiffs being pro se.

Precedent Name

  • Pistor v. Garcia
  • C.E. Pope Equity Trust v. United States
  • Kokkonen v. Guardian Life Ins. Co. of Am.
  • Karim-Panahi v. Los Angeles Police Dep't
  • Rowland v. California Men's Colony
  • Haines v. Kerner
  • United States v. Jacobo Castillo

Cited Statute

  • Diversity of Citizenship Jurisdiction under the United States Code
  • Federal Question Jurisdiction under the United States Code

Judge Name

Ann Aiken

Passage Text

  • "A [self-represented] litigant who is not a licensed attorney cannot represent a business entity in federal court." See Rowland v. California Men's Colony, 506 U.S. 194, 195 (1993) (stating that the law 'does not allow corporations, partnerships, or associations to appear in federal court otherwise than through a licensed attorney' (citing cases)).
  • Plaintiffs must amend their Complaint to allege facts sufficient for the Court to exercise jurisdiction on the basis of 'diversity.'
  • TZ Trucking's claims cannot proceed until TZ Trucking has retained licensed counsel to represent it. The Court directs TZ Trucking to retain counsel to represent its claims against Defendants by February 20, 2026 if it wishes to proceed with its claims, otherwise, TZ Trucking will be dismissed as a Plaintiff in this case.