New Oriental Enterprise, PTE, Ltd. v. Mission Critical Solutions LLC

Opinion

UNITED STATES DISTRICT COURT ELECTRONICALLY FILED DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 5/23/ 2022 NEW ORIENTAL ENTERPRISE, PTE, LTD., Plaintiff, -against- 1:20-cv-02327 (MKV) MISSION CRITICAL SOLUTIONS LLC, a/k/a MCS, MARK-ANTHONY PHILLIPS, ORD ER TRANSACTRADE, LLC, TRIGON TRADING PARTY LTD., and JOHN DOES 2 and 3, Defendants. MARY KAY VYSKOCIL, United States District Judge: The Court is in receipt of a letter from Defendant’s counsel, requesting a pre-motion conference in connection with his motion to withdraw as counsel for Defendants. [ECF No. 76]. Accordingly, IT IS HEREBY ORDERED that the request of Defendant’s counsel for a pre-motion conference in connection a motion to withdraw as counsel for Defendants is GRANTED. All parties are directed to appear at a conference on the motion of Defendant’s counsel on July 5, 2022, at 11:00 AM in Courtroom 18C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. Defense Counsel, Defendant Mark- Anthony Phillips, and a representative of Defendant Mission Critical Solutions LLC are required to be present for the conference. The Court reiterates that because it is a corporation, Defendant Mission Critical Solutions LLC may not proceed pro se. In other words, Defendant 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.”).

SO ORDERED.

Date: May 23, 2022 K / here New York, NY RY VYSKOCIL United States District Judge