Allstar Marketing Group, LLC v. 53 Romantic House Store

• Court: District Court, S.D. New York
• Decided: November 30, 2020
• Docket: 1:20-cv-09072
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

ALLSTAR MARKETING GROUP, LLC,

Plaintiff, -v- 20 Civ. 9072 (PAE)

53 ROMANTIC HOUSE STORE, et al., ORDER

Defendants.

PAUL A. ENGELMAYER, District Judge: The Court has received a notice of appearance by defendant Ningbo East Cleaning Tool Co. Ltd. (“Ningbo”), expressing its intention to appear pro se in this action, Dkt. 20, and a subsequent Answer purporting to respond to plaintiff’s complaint, Dkt. 21. Business entities cannot represent themselves, but instead require representation by counsel. Lattanzio v. COMTA, 481 F.3d 137, 139 (2d Cir. 2007) (“[A] layperson may not represent a separate legal entity such as a corporation.”). That rule “applies equally to all artificial entities.” Rowland v. Cal. Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 202 (1993); id. (“28 U.S.C. § 1654 . . . does not allow corporations, partnerships, or associations to appear in federal court otherwise than through a licensed attorney.”); see also Omega Consulting v. Farrington Mfg. Co., 604 F. Supp. 2d 684, 684 (S.D.N.Y. 2009) (“Federal law, however, is clear that a company may not appear pro se but rather must be represented by counsel.”). Accordingly, should Ningbo wish to defend itself in this action, it must retain a licensed attorney as counsel. Otherwise, it risks facing an application for a default judgment, which, if in good order, the Court would be obliged to enter. See, e.g., Grace v. Bank Leumi Tr. Co. of NY, 443 F.3d 180, 192 (2d Cir. 2006). SO ORDERED.

__________________________________ PAUL A. ENGELMAYER United States District Judge Dated: November 30, 2020 New York, New York