Iconoclast Advisors, LLC v. GoBig Solar, LLC
- Katherine Failla
- 1:24-cv-04768
- U.S. District Court · Southern District of New York
- 3
In Iconoclast Advisors v. GoBig Solar, Judge Failla ordered service of the complaint and warned about counsel requirements and possible dismissal for delay.
Iconoclast Advisors, LLC and Howard Chalfin must serve GoBig Solar, LLC and David Cox within the stated deadline or request more time. Iconoclast Advisors, LLC must obtain counsel to appear in the case, and the plaintiffs risk dismissal of the claims if they do not comply with the service requirements.
What happened
In Iconoclast Advisors, LLC v. GoBig Solar, LLC, Iconoclast Advisors, LLC and Howard Chalfin indicated that they were proceeding without lawyers and had paid the filing fees. The court directed the Clerk to issue summonses for GoBig Solar, LLC and David Cox.
The plaintiffs must serve each defendant with the summons and complaint within 90 days after the summonses are issued, or request more time. The court warned that it may dismiss the claims for failure to prosecute if neither happens. It also explained that a limited liability company cannot appear in federal court without a lawyer, and that Chalfin cannot represent another person or the company himself.
Judge Katherine Polk Failla issued the Order of Service on July 12, 2024. The order does not dismiss any claims; it starts the service process and tells Iconoclast Advisors, LLC that counsel must promptly file a notice of appearance if the company wishes to continue.
The detailed version
- Iconoclast Advisors, LLC v. GoBig Solar, LLC · No. 1:24-cv-04768
- Katherine Failla
- July 12, 2024
Background
Iconoclast Advisors, LLC and Howard Chalfin are the plaintiffs. GoBig Solar, LLC and David Cox are the defendants. The plaintiffs indicated that they were proceeding without lawyers and had paid the filing fees to begin the case.
Order regarding service
The court directed the Clerk of Court to issue summonses for GoBig Solar, LLC and David Cox. The plaintiffs must serve each defendant with the summons and complaint within 90 days after the summonses are issued. The court explained that the deadline runs from issuance because the summonses were not issued when the complaint was filed while the filing fee remained unpaid.
If the plaintiffs do not serve the defendants or request an extension within those 90 days, the court may dismiss the claims against the defendants under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. The order does not state that any dismissal has occurred.
Representation requirements
The court advised that a limited liability company may not appear in federal court without counsel. It also stated that Chalfin, as a party proceeding without a lawyer, may not appear on behalf of another person or entity. If Iconoclast Advisors, LLC wishes to continue with the case, the court expects a lawyer for the company to promptly file a notice of appearance.
Disposition
Judge Katherine Polk Failla entered an Order of Service. The Clerk was directed to mail a copy to the plaintiffs at their address of record. The order directs issuance and service of summonses and provides warnings about possible dismissal and representation; it does not resolve the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.