Heights in Paris LLC v. Almanzar

S.D. New York

Heights in Paris LLC v. Almanzar

DecidedMay 3, 2022

Docket1:22-cv-03224

StatusUnknown

This text of Heights in Paris LLC v. Almanzar (Heights in Paris LLC v. Almanzar) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Heights in Paris LLC v. Almanzar, (S.D.N.Y. 2022).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK HEIGHTS IN PARIS LLC, Plaintiff, 22-CV-3224 (LTS) -against- ORDER OF DISMISSAL BELCALIS ALMANZAR; GOOGLE LLC; HENNESSY ALMANZAR, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff Heights in Paris LLC brings this action pro se.1 Because Heights in Paris cannot proceed pro se, the Court dismisses the action without prejudice to Heights in Paris retaining counsel within 30 days of the date of this order. DISCUSSION Corporations, nonprofit organizations, and other artificial entities cannot proceed pro se. Rowland v. California Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 202 (1993) (noting that “lower courts have uniformly held that 28 U.S.C. § 1654, providing that “parties may plead and conduct their own cases personally or by counsel,” does not allow corporations, partnerships, or associations to appear in federal court otherwise than through a licensed attorney”) (citations omitted); see also Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983) (noting that “it is established that a corporation, which is an artificial entity that can only act through agents, cannot proceed pro se”). Thus, the claims brought on behalf of Heights in Paris are dismissed without prejudice to Heights in Paris retaining counsel.

1 Eric T. Baker, who is not listed in the action as a plaintiff, signed the complaint. Baker did not submit an application to proceed in forma pauperis (IFP) or pay the filing fees. CONCLUSION The Court dismisses the action without prejudice to Heights in Paris retaining counsel within 30 days of the date of this order. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would

not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444–45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. Dated: May 3, 2022 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK HEIGHTS IN PARIS LLC, Plaintiff, 22-CV-3224 (LTS) -against- ORDER OF DISMISSAL BELCALIS ALMANZAR; GOOGLE LLC; HENNESSY ALMANZAR, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff Heights in Paris LLC brings this action pro se.1 Because Heights in Paris cannot proceed pro se, the Court dismisses the action without prejudice to Heights in Paris retaining counsel within 30 days of the date of this order. DISCUSSION Corporations, nonprofit organizations, and other artificial entities cannot proceed pro se. Rowland v. California Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 202 (1993) (noting that “lower courts have uniformly held that 28 U.S.C. § 1654, providing that “parties may plead and conduct their own cases personally or by counsel,” does not allow corporations, partnerships, or associations to appear in federal court otherwise than through a licensed attorney”) (citations omitted); see also Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983) (noting that “it is established that a corporation, which is an artificial entity that can only act through agents, cannot proceed pro se”). Thus, the claims brought on behalf of Heights in Paris are dismissed without prejudice to Heights in Paris retaining counsel.

1 Eric T. Baker, who is not listed in the action as a plaintiff, signed the complaint. Baker did not submit an application to proceed in forma pauperis (IFP) or pay the filing fees. CONCLUSION The Court dismisses the action without prejudice to Heights in Paris retaining counsel within 30 days of the date of this order. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would

not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444–45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. Dated: May 3, 2022 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

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