Nuno Carrera v. DT Hospitality Group Inc.

S.D. New York

Nuno Carrera v. DT Hospitality Group Inc.

District Court, S.D. New York·Decided January 10, 2020·No. 1:19-cv-04235·Unknown

Opinion

DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC#: SOUTHERN DISTRICT OF NEW YORK DATE FILED: | | (0 | Co.

PATRICIO NUNO CARRERA and GERALDO MARQUEZ, on behalf of themselves, individually, and on behalf of all similarly situated employees, 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: Defendant Truong has been repeatedly advised that, although he may choose to proceed individually pro se, he must obtain separate counsel to represent Defendant DT Hospitality Group Ince. in this action. See Grace v. Bank Leumi Trust Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (“[A] corporation may not appear in a lawsuit against it except through an attorney.”); SEC v. 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)); see also Dkts. 16, 17, 18. Most recently, on December 4, 2019, the Court ordered Defendant Truong to inform it, by December 23, 2019, whether he has obtained separate counsel for Defendant DT Hospitality Group Inc., and warned that if he fails to do so, Plaintiffs may move for default against DT Hospitality Group Inc. To date, the Court has not received any response from Defendants. Accordingly, no later than January 17, 2020, Plaintiffs shall inform the Court

whether they intend to move for default judgment. The Clerk of Court is respectfully directed to mail this Order to Defendants. SO ORDERED. Dated: January 10, 2020 New York, New York Ronwie Abrams United States District Judge

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DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC#: SOUTHERN DISTRICT OF NEW YORK DATE FILED: | | (0 | Co.

PATRICIO NUNO CARRERA and GERALDO MARQUEZ, on behalf of themselves, individually, and on behalf of all similarly situated employees, 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: Defendant Truong has been repeatedly advised that, although he may choose to proceed individually pro se, he must obtain separate counsel to represent Defendant DT Hospitality Group Ince. in this action. See Grace v. Bank Leumi Trust Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (“[A] corporation may not appear in a lawsuit against it except through an attorney.”); SEC v. 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)); see also Dkts. 16, 17, 18. Most recently, on December 4, 2019, the Court ordered Defendant Truong to inform it, by December 23, 2019, whether he has obtained separate counsel for Defendant DT Hospitality Group Inc., and warned that if he fails to do so, Plaintiffs may move for default against DT Hospitality Group Inc. To date, the Court has not received any response from Defendants. Accordingly, no later than January 17, 2020, Plaintiffs shall inform the Court

whether they intend to move for default judgment. The Clerk of Court is respectfully directed to mail this Order to Defendants. SO ORDERED. Dated: January 10, 2020 New York, New York Ronwie Abrams United States District Judge

Nuno Carrera v. DT Hospitality Group Inc., (S.D.N.Y. 2020).

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