Michael Hesseling, Trustee of the Hesseling Family Trust, pro se, et al. v. myCUmortgage, LLC, et al.

Summary

The court dismissed the Hesseling Family Trust as a plaintiff because a trust may not proceed in federal court through a trustee appearing pro se. It also dismissed Michael and Tammy Hesseling’s individual claims for failure to adequately allege standing, personal injury, and conduct attributable to each defendant. The court denied the motions for a temporary restraining order, expedited hearing, and service by the United States Marshals as moot.

Holdings

1. A trust, as an artificial entity, may not appear in federal court through a nonlawyer trustee acting without licensed counsel. Because the Trust was not represented by counsel, the court dismissed the Trust as a plaintiff.
2. The Hesselings lacked adequately alleged standing because they did not identify a personal property interest, allege a personal actual or threatened injury distinct from any interest of the Trust, or connect an injury to conduct by any particular Defendant. Their individual claims were therefore dismissed.

Questions Presented

1. Whether the Hesseling Family Trust could proceed as a pro se plaintiff through its trustee.
2. Whether Michael and Tammy Hesseling adequately alleged Article III standing to pursue claims concerning the foreclosure proceedings.
3. Whether Plaintiffs' motions for a temporary restraining order, expedited hearing, and service by the United States Marshals remained viable after dismissal of the claims.

Disposition

dismissed