Fernandez v. Huddleson Linens, Inc.
- Edgardo Ramos
- 1:24-cv-03793
- U.S. District Court · Southern District of New York
- 2
In Fernandez v. Huddleson Linens, Inc., Judge Ramos directed the Clerk to strike filings because a corporation cannot be represented in federal court by a nonlawyer.
Huddleson Linens, Inc. must appear through an attorney rather than Timothy Gledhill. The Clerk was directed to remove specified filings and Gledhill’s name from the electronic docket; the order also affects the procedural posture of Fernandez’s action.
What happened
In Fernandez v. Huddleson Linens, Inc., Jacqueline Fernandez brought a proposed class action against Huddleson Linens, Inc., alleging violations of disability-rights laws. After Huddleson was served, Timothy Gledhill filed an answer and other documents that appeared to represent the company.
The court explained that a corporation may appear in federal court only through a lawyer. It ruled that Gledhill could not represent Huddleson, was not a party, and could not appear for the company in any capacity.
Judge Ramos directed the Clerk to strike the answer, the affirmation of service, and Gledhill’s name from the electronic docket. The court cautioned that Huddleson’s failure to have a lawyer enter an appearance could risk a default judgment, but the order did not say that a default judgment had been entered.
The detailed version
- Fernandez v. Huddleson Linens, Inc. · No. 1:24-cv-03793
- Edgardo Ramos
- July 1, 2024
Background
Jacqueline Fernandez filed a proposed class action against Huddleson Linens, Inc. under the Americans with Disabilities Act and the New York City Human Rights Law. The complaint was filed on May 16, 2024. An electronic summons was issued on May 17, and Huddleson was served on June 20.
On the day Huddleson was served, Timothy Gledhill filed an answer, an affirmation stating that the answer had been served on the plaintiffs, and a notice of appearance. The filings apparently purported to represent Huddleson. Gledhill was also mistakenly listed as a plaintiff in the court’s electronic filing system.
Court’s reasoning
The court relied on the rule that a corporation may appear in federal court only through an attorney and may not represent itself through a nonlawyer. The court therefore stated that Gledhill could not enter an appearance for Huddleson or otherwise represent the corporation. It also stated that Gledhill was not a party to the case.
Disposition
Judge Edgardo Ramos directed the Clerk of Court to strike Documents 6 and 8—the affirmation of service and the answer—and to strike Gledhill from the electronic docket. The court cautioned Huddleson that failing to have counsel enter an appearance may risk entry of a default judgment. The order did not enter a default judgment and did not decide the merits of Fernandez’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.