Mercer v. Front & Third, LLC

• Court: District Court, S.D. New York
• Decided: March 25, 2020
• Docket: 1:19-cv-09654
• Status: Unknown

Opinion

Af he DOCUMENT ELECTRONICALLY FILED DOCH: □□ UNITED STATES DISTRICT COURT DATE FILED; __ 3/25/2020 SOUTHERN DISTRICT OF NEW YORK eee ee eee eee ee ee ee eee eee eee eee eee x STACEY MERCER, Plaintiff, : : 1:19-cv-09654 (ALC) -against- : : ORDER FRONT & THIRD, LLC, : Defendant. : ee ee ee ee ee ee ee eee ee eee eee ee eee eee x ANDREW L. CARTER, JR., United States District Judge: The Court is in receipt of Daniel J. Pennessi’s letter dated March 10, 2020 and Plaintiff’ s letter dated March 11, 2020. ECF Nos. 6-7. In Mr. Pennessi’s letter and Notice of Appearance, Mr. Pennessi indicates he is a pro se litigant; he also states he is employed as “General Counsel for a Connecticut-based Real Estate Developer.” ECF No. 7. Although in-house counsel may represent a corporate defendant, it is well settled that ““a corporation cannot appear pro se in federal court.” Grace v. Bank Leumi Trust Co., 443 F.3d 180, 192 (2d Cir. 2006); see also Hounddog Prods., L.L.C. v. Empire Film Grp., Inc., 767 F. Supp. 2d 480, 486 (S.D.N.Y. 2011). Accordingly, Defendant, as a corporate entity, may not appear pro se in this action and Mr. Pennessi’s Notice of Appearance is defective. Should Defendant wish to have Mr. Pennessi represent it in this action, he must refile a Notice of Appearance on Defendant’s behalf. Once an adequate Notice of Appearance is entered, Defendant may seek a pre-motion conference. Plaintiff is directed to serve a copy of this Order on Defendant by March 30, 2020. Additionally, Plaintiff shall file proof of service on or before April 1, 2020.

Dated: March 25, 2020 3 □ New York, New York eee ANDREW L. CARTER, JR. United States District Judge