Mediterranean Shipping Company Inc. v. Royal Halo LLC
- Clarke
- 1:24-cv-02292
- U.S. District Court · Southern District of New York
- 1
In Mediterranean Shipping v. Royal Halo, Judge Clarke gave Royal Halo 30 days to hire a lawyer and required service of the order.
Royal Halo LLC must retain a lawyer and have that lawyer file a notice of appearance by July 3, 2024, or default judgment may be entered. Mediterranean Shipping Company (USA) Inc. must serve the order and file proof of service.
What happened
In Mediterranean Shipping Company (USA) Inc. v. Royal Halo LLC, the plaintiff sued Royal Halo LLC and filed proof that it had served the summons and complaint. The court clerk later issued a certificate of default, and the plaintiff asked for a default judgment.
Royal Halo LLC filed an answer but appeared to be proceeding without a lawyer. The court explained that a business entity may appear in federal court only through a lawyer.
Judge Jessica G. L. Clarke gave Royal Halo LLC 30 days to retain counsel, with counsel required to file a notice of appearance by July 3, 2024. The plaintiff also had to serve Royal Halo LLC with the order and file proof of service. The court warned that default judgment may be entered if counsel does not appear.
The detailed version
- Mediterranean Shipping Company Inc. v. Royal Halo LLC · No. 1:24-cv-02292
- Clarke
- June 3, 2024
Background
Mediterranean Shipping Company (USA) Inc., acting as agent for MSC Mediterranean Shipping Company S.A., filed the complaint on March 27, 2024. The plaintiff filed proof of service of the summons and complaint on April 23, 2024. On April 25, 2024, the Clerk of Court issued a Certificate of Default, and the plaintiff moved for default judgment.
Representation Issue
Royal Halo LLC filed an answer on May 22, 2024, and appeared to be proceeding without counsel. The court held that a corporate entity may appear in federal court only through a lawyer.
Order
The court granted Royal Halo LLC 30 days to retain counsel. Counsel for Royal Halo LLC was required to file a notice of appearance by July 3, 2024. The court stated that default judgment may be entered against Royal Halo LLC if counsel failed to appear.
The court ordered the plaintiff to serve Royal Halo LLC with a copy of the order by June 5, 2024, and to file proof of service on the docket by June 6, 2024. This order did not enter default judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.