De Los Santos v. 94 Corner Cafe Corp.

• Court: District Court, S.D. New York
• Decided: August 3, 2021
• Docket: 1:21-cv-01577
• Status: Unknown

Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: DATE FILED:__ 8/3/2021 FELIPE CIRNE DE LOS SANTOS, Plaintiff, -against- 1:21-cv-1577-MKV 94 CORNER CAFE CORP., MOHINDER SINGH, ORDER BALWINDER SINGH, PARMAJIT KAUR, and KADRA ZARWI, Defendants.

MARY KAY VYSKOCIL, United States District Judge: On June 29, 2021, the Court received a letter from Defendant Mohinder Singh requesting that this case be dismissed. [ECF No. 12.] The Court also received a response letter from Plaintiff. [ECF No. 14.] Thereafter, the Court entered an Order directing Defendants Balwinder Singh, Parmajit Kaur, Kadra Zarwi, and 94 Corner Café Corp. to appear and answer the Complaint on or before July 27, 2021. [ECF No. 14.] The Court also explained that 94 Corner Café Corp. may not proceed pro se because it is a corporation. [/d.] On July 26, 2021, the Court received a letter signed by Defendants Mohinder Singh, Parmajit Kaur, and Kadra Zarwi and nonparty Sukhjinder Singh, a manager of Defendant 94 Corner Café, and submitted on behalf of all Defendants in this matter. [ECF No. 21.] The letter requests dismissal of this case and notes that it would be difficult for Defendant 94 Corner Café to retain counsel due to financial circumstances. [/d.] Plaintiff filed a response opposing Defendants’ request for dismissal and expressing his intent to move for default judgment against Defendant 94 Corner Café. [ECF No. 22.]

The Court construes the July 26 letter as a request by the Individual Defendants for a pre- motion conference in connection with an anticipated motion to dismiss. The Court GRANTS this request. Accordingly, IT Is HEREBY ORDERED that the parties shall appear for a pre-motion conference in connection with the Individual Defendants’ anticipated motion to dismiss on August 31, 2021, at 2:30 PM. The conference will be held telephonically. To join the conference, dial 888-278-0296 and enter access code 5195844. The Court reiterates that because it is a corporation, Defendant 94 Corner Café Corp. may not proceed pro se. In other words, Defendant 94 Corner Café Corp. may appear in federal court only through licensed counsel. See, e.g., Grace v. Bank Leumi Trust Co. of N.Y., 443 F.3d 180, 187 (2d Cir. 2006) (“[I]t is well-settled law that a corporation may appear in the federal courts only through licensed counsel... .”); Pecarsky v. Galaxiworld.com Ltd., 249 F.3d 167, 172 (2d Cir. 2001) (“As a corporation, appellant, Galaxiworld, could only appear with counsel.”). IT IS FURTHER ORDERED that Defendants Mohinder Singh, Balwinder Singh, Parmayit Kaur, and Kadra Zarwi shall file a letter on or before August 24, 2021, providing their contact information, including mailing address, telephone number, and e-mail address. IT IS FURTHER ORDERED that Plaintiff shall serve his letter [ECF No. 22] and this Order on each Defendant on or before August 6, 2021, and file proof of service on or before August 11, 2021.

SO ORDERED. Yl i | | | □ / Dated: August 3, 2021 MARY/KAY VYSKOGIL New York, NY United‘States District Judge