Sanon v. Kidz Discovery Inc.

• Court: District Court, S.D. New York
• Decided: March 15, 2023
• Docket: 1:22-cv-10583
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX SANDRA SANON, individually and on behalf of all : other persons similarly situated, : Plaintiff, : 22-CV-10583 (JMF) -v- : ORDER KIDZ DISCOVERY INC., et al., : Defendants. : wee KX JESSE M. FURMAN, United States District Judge: On February 6, 2023, Plaintiff filed proof on the docket that Defendant Kidz Discovery Inc. was served on January 23, 2023. See ECF No. 10. Defendant Kidz Discovery Inc. missed the deadline to file an answer or otherwise respond to the complaint, and this Court set a briefing schedule for a motion for default judgment. See ECF No. 11. Plaintiff then requested, and the Court granted, an extension of time to May 12, 2023, to file a default judgment motion. See ECF Nos. 16 and 17. On March 14, 2023, Deanna Malachi filed a pro se notice of appearance. See ECF No. 20. That same day, Ms. Malachi filed an answer on behalf of herself and purportedly on behalf of Defendant Kidz Discovery Inc. A corporate entity, however, may appear in federal court only through counsel. See Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007). Accordingly, the Court deems the answer Ms. Malachi to be filed to be on/y on her behalf — and not on behalf of Kidz Discovery Inc. In light of that, Kidz Discovery Inc. remains in default — and the May 12, 2023 deadline to file a motion for default judgment remains in effect as to Kidz Discovery Inc. If counsel for Kidz Discovery Inc. enters a notice of appearance before that date, counsel should confer with Plaintiff and may seek an extension nunc pro tunc of the deadline to file an answer. Plaintiff is ordered to serve a copy of this Order on Ms. Malachi by March 17, 2023, and to file proof of service on the docket by March 20, 2023. SO ORDERED. Dated: March 15, 2023 New York, New York JESSE RMAN nited States District Judge