Nuno Carrera v. DT Hospitality Group Inc.

Opinion

USDU-SUINY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC#: SOUTHERN DISTRICT OF NEW YORK DATE FILED: |2 4 ( 4

PATRICIO NUNO CARRERA and GERALDO MARQUEZ, on behalf of themselves, individually, and on behalf of all similarly situated employees, Plaintitts, No. 19-CV-4235 (RA) ORDER DT HOSPITALITY GROUP INC. doing business as CO BA RESTAURANT and KIEN TRUONG, Defendants.

RONNIE ABRAMS, United States District Judge: On August 6, 2019, the Court ordered Defendant Truong to inform the Court, by September 6, 2019, whether he had obtained separate counsel for Defendant DT Hospitality Group Inc. See Dkt. 16. Defendant Truong did not do so. On September 17, 2019, the Court again ordered Defendant Truong to inform the Court, by October 16, 2019, whether he had obtained separate counsel for Defendant DT Hospitality Group Inc. See Dkt. 17. As of today’s date, Defendant Truong still has not done so. Defendant Truong is reminded that, although he may choose to proceed individually pro se, “a corporation may not appear in a lawsuit against it except through an attorney.” Grace v. Bank Leumi Trust Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006); see also SEC vy. Pentagon Capital Mgmt. PLC, No. 08 Civ. 3324(RWS), 2012 WL 3065981, at *4 (S.D.N.Y. July 25, 2012) (“It is well-established that a corporation cannot represent itself in a civil action.”’) (citing Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983)).

Accordingly, by December 23, 2019, Defendant Truong shall inform the Court whether he has obtained separate counsel for Defendant DT Hospitality Group Inc. If he fails to do so, Plaintiffs may move for default against DT Hospitality Group Inc. Defendant Truong is also advised that information about a legal clinic which assists people who are parties in civil cases and do not have lawyers is attached to the end of this order. The Clinic is run by a private organization called the New York Legal Assistance Group; it is not part of, or run by, the Court (and, among other things, therefore cannot accept filings on behalf of the Court, which must still be made by any unrepresented party through the Pro Se Intake Unit). The Clinic is located in the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York, in Room LL22, which is just inside the Pearl Street entrance to that Courthouse. The Clinic is open on weekdays from 10 a.m. to 4 p.m., except on days when the Court is closed. An unrepresented party can make an appointment in person or by calling 212-659-6190. The Clerk of Court is respectfully directed to mail this Order to Defendants no later than December 6, 2019. SO ORDERED. Dated: | December 4, 2019 New York, New York Ronnie Abrams United States District Judge

Since 1990, NYLAG has provided free civil legal services to New Yorkers who cannot afford private attorneys. NEW YORK LEGAL ASSISTANCE GROUP

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The NYLAG Legal Clinic for Pro Se Litigants in the Southern District of New York is a free legal clinic staffed by Thurgood Marshall attorneys and paralegals to assist those United States Courthouse who are representing themselves or Room LL22 planning to represent themselves in civil 40 Centre Street lawsuits in the Southern District of New New York. NY 10007 York. The clinic, which is not part of or (212) 659. 6190 run by the court, assists litigants with federal civil cases including cases Open weekdays involving civil rights, employment 0. ” : discrimination, labor law, social security Close d on fe dera¥ain d coure holds benefits, foreclosure and tax. To make an appointment for a consultation, call (212) 659-6190 or The Hon. Charles L.Brieant jr □□ ec Federal Building and Courthouse hours. Please note that a government- a : issued photo ID is required to enter Quarropasi5t either building. White Plains, NY 10601 Le □□□□ (212) 659 6190 The clinic offers in-person appointments only. The clinic does fen eo ey Le not offer assistance over the ee ee =. phone or by email. Closed on federal and court holidays

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