City of New York v. Arm Or Ally, LLC

S.D. New York

City of New York v. Arm Or Ally, LLC

District Court, S.D. New York·Decided March 8, 2023·No. 1:22-cv-05525·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX CITY OF NEW YORK, : Plaintiff, : : 22-CV-5525 (JMF) -v- : : ORDER ARM OR ALLY, LLC, et al., : Defendants. : wee KX JESSE M. FURMAN, United States District Judge: At 1:09 p.m. today, the Court received an email from Lawrence Destefano, the principal of Defendant Indie Guns, LLC, a copy of which is attached. Mr. Destefano is advised that, as the representative of an unrepresented party, he may not communicate directly with Chambers by email or otherwise. All communications by an unrepresented party must go through the Pro Se Intake Unit. Mr. Destefano can contact the unit by phone at (212) 805-0175, and he may submit filings by email to Temporary Pro Se Filing@nysd.uscourts.gov or by regular mail to Daniel Patrick Moynihan Courthouse, Pro Se Intake Unit, 500 Pearl St., Room 205, New York, NY 10007. That said, the Court reiterates that limited liability companies such as Indie Guns, LLC, may appear in federal court only through counsel. See, e.g., Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007). Nevertheless, Plaintiff is directed to respond to Mr. Destefano’s request for additional time to find counsel by 10:00 a.m. tomorrow. Unless and until the Court orders otherwise, the telephonic default judgment hearing at 4:30 p.m. tomorrow will proceed as scheduled. Counsel for Plaintiff is directed to email a copy of this Order to Indie Guns, LLC by close of business today and to confirm such service in its response due tomorrow morning. SO ORDERED. Dated: March 8, 2023 New York, New York JESS URMAN nited States District Judge

Furman NYSD Chambers eee From: Lawrence Destefano Sent: Wednesday, March 8, 2023 1:09 PM Furman NYSD Chambers Ash, Melanie (Law); Friedrich, Krista (LAW); Proshansky, Eric (Law); Bernhardt, Doris (Law) Subject: Re: [EXTERNAL] 1:22-cv-05525-JMF City of New York v. Arm Or Ally, LLC Motion for Default

the Chambers of Hon. Jesse M. Furman, USD Judge:

Per the Court’s Order of February 27, 2023, and Judge Furman’s Individual Rules and Practices, | write to inform the that | have still not been able to secure counsel to speak on my behalf at the Hearing on March 9, 2023 at 4:30pm. | am requesting an additional two weeks so that | may do so.

Respectfully submitted, LAWRENCE DESTEFANO | OWNER

3208 E. Colonial Drive, #262, Orlando, Florida 32803 INDIEGUNS.COM

On Mar 7, 2023, at 2:58 PM, Bernhardt, Doris (aw) wrote: Hi Mr. Destefano, | don’t have authority to give you more time; | am the attorney for the City of New York. You would have to ask the Court for more time. If you decide to reach out to the Court (Furman _NYSDChambers@nysd.uscourts.gov), please include all of us on the email, so that we are aware of the request. Thank you, Doris Bernhardt

From: Lawrence Destefano Sent: Monday, March 6, 2023 4:48 PM To: Bernhardt, Doris (low) Subject: [EXTERNAL] Re: 1:22-cv-05525-JMF City of New York v. Arm Or Ally, LLC Motion for Default CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspect email to phish@oti.nyc.gov as an attachment (Click the More button, then forward as attachment). Good afternoon, Can | please have another week. | have not been able to secure a council. Kind regards, LAWRENCE DESTEFANO | OWNER 407-375-2333 3208 E. Colonial Drive, #262, Orlando, Florida 32803 INDIEGUNS.COM

On Mar 6, 2023, at 4:44 PM, Bernhardt, Doris (Law) wrote: Good afternoon, As noted in the Court’s order, no later than 24 hours before the conference, the parties are required to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. Please send me the foregoing information for any individual who will speak for Indie Guns by tomorrow March 7 at 5PM, and we will include it in our communication with the Court.

Thank you, Doris Bernhardt From: Bernhardt, Doris (Law) Sent: Tuesday, February 28, 2023 11:06 AM To: icrew@indieguns.com Cc: Ash, Melanie (Law) Proshansky, Eric (Law) Friedrich, Krista (LAW) Subject: RE: 1:22-cv-05525-JMF City of New York v. Arm Or Ally, LLC Motion for Default Good morning, Attached please find a service copy of the Court’s Order, dated February 27, 2023. Regards, Doris F. Bernhardt

From: Bernhardt, Doris (Law) Sent: Wednesday, February 1, 2023 5:13 PM To: icrew@indieguns.com Cc: Ash, Melanie (Law) Proshansky, Eric (Law) Friedrich, Krista (AW) Subject: FW: 1:22-cv-05525-JMF City of New York v. Arm Or Ally, LLC Motion for Default

Good afternoon, Attached please find service copies of the City’s motion to strike Indie Guns’ Answer, for a Certificate of Default, and for a Judgment of Default. Regards, Doris F. Bernhardt

Free access — add to your briefcase to read the full text and ask questions with AI

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX CITY OF NEW YORK, : Plaintiff, : : 22-CV-5525 (JMF) -v- : : ORDER ARM OR ALLY, LLC, et al., : Defendants. : wee KX JESSE M. FURMAN, United States District Judge: At 1:09 p.m. today, the Court received an email from Lawrence Destefano, the principal of Defendant Indie Guns, LLC, a copy of which is attached. Mr. Destefano is advised that, as the representative of an unrepresented party, he may not communicate directly with Chambers by email or otherwise. All communications by an unrepresented party must go through the Pro Se Intake Unit. Mr. Destefano can contact the unit by phone at (212) 805-0175, and he may submit filings by email to Temporary Pro Se Filing@nysd.uscourts.gov or by regular mail to Daniel Patrick Moynihan Courthouse, Pro Se Intake Unit, 500 Pearl St., Room 205, New York, NY 10007. That said, the Court reiterates that limited liability companies such as Indie Guns, LLC, may appear in federal court only through counsel. See, e.g., Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007). Nevertheless, Plaintiff is directed to respond to Mr. Destefano’s request for additional time to find counsel by 10:00 a.m. tomorrow. Unless and until the Court orders otherwise, the telephonic default judgment hearing at 4:30 p.m. tomorrow will proceed as scheduled. Counsel for Plaintiff is directed to email a copy of this Order to Indie Guns, LLC by close of business today and to confirm such service in its response due tomorrow morning. SO ORDERED. Dated: March 8, 2023 New York, New York JESS URMAN nited States District Judge

Furman NYSD Chambers eee From: Lawrence Destefano Sent: Wednesday, March 8, 2023 1:09 PM Furman NYSD Chambers Ash, Melanie (Law); Friedrich, Krista (LAW); Proshansky, Eric (Law); Bernhardt, Doris (Law) Subject: Re: [EXTERNAL] 1:22-cv-05525-JMF City of New York v. Arm Or Ally, LLC Motion for Default

the Chambers of Hon. Jesse M. Furman, USD Judge:

Per the Court’s Order of February 27, 2023, and Judge Furman’s Individual Rules and Practices, | write to inform the that | have still not been able to secure counsel to speak on my behalf at the Hearing on March 9, 2023 at 4:30pm. | am requesting an additional two weeks so that | may do so.

Respectfully submitted, LAWRENCE DESTEFANO | OWNER

3208 E. Colonial Drive, #262, Orlando, Florida 32803 INDIEGUNS.COM

On Mar 7, 2023, at 2:58 PM, Bernhardt, Doris (aw) wrote: Hi Mr. Destefano, | don’t have authority to give you more time; | am the attorney for the City of New York. You would have to ask the Court for more time. If you decide to reach out to the Court (Furman _NYSDChambers@nysd.uscourts.gov), please include all of us on the email, so that we are aware of the request. Thank you, Doris Bernhardt

From: Lawrence Destefano Sent: Monday, March 6, 2023 4:48 PM To: Bernhardt, Doris (low) Subject: [EXTERNAL] Re: 1:22-cv-05525-JMF City of New York v. Arm Or Ally, LLC Motion for Default CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspect email to phish@oti.nyc.gov as an attachment (Click the More button, then forward as attachment). Good afternoon, Can | please have another week. | have not been able to secure a council. Kind regards, LAWRENCE DESTEFANO | OWNER 407-375-2333 3208 E. Colonial Drive, #262, Orlando, Florida 32803 INDIEGUNS.COM

On Mar 6, 2023, at 4:44 PM, Bernhardt, Doris (Law) wrote: Good afternoon, As noted in the Court’s order, no later than 24 hours before the conference, the parties are required to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. Please send me the foregoing information for any individual who will speak for Indie Guns by tomorrow March 7 at 5PM, and we will include it in our communication with the Court.

Thank you, Doris Bernhardt From: Bernhardt, Doris (Law) Sent: Tuesday, February 28, 2023 11:06 AM To: icrew@indieguns.com Cc: Ash, Melanie (Law) Proshansky, Eric (Law) Friedrich, Krista (LAW) Subject: RE: 1:22-cv-05525-JMF City of New York v. Arm Or Ally, LLC Motion for Default Good morning, Attached please find a service copy of the Court’s Order, dated February 27, 2023. Regards, Doris F. Bernhardt

From: Bernhardt, Doris (Law) Sent: Wednesday, February 1, 2023 5:13 PM To: icrew@indieguns.com Cc: Ash, Melanie (Law) Proshansky, Eric (Law) Friedrich, Krista (AW) Subject: FW: 1:22-cv-05525-JMF City of New York v. Arm Or Ally, LLC Motion for Default

Good afternoon, Attached please find service copies of the City’s motion to strike Indie Guns’ Answer, for a Certificate of Default, and for a Judgment of Default. Regards, Doris F. Bernhardt

City of New York v. Arm Or Ally, LLC, (S.D.N.Y. 2023).

Pincite

City of New York v. Arm Or Ally, LLC (City of New York v. Arm Or Ally, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related