Pagan v. City of New York
- Edgardo Ramos
- 1:23-cv-09436
- U.S. District Court · Southern District of New York
- 2
In Pagan v. City of New York, Judge Ramos dismissed the action without prejudice because Erica Pagan did not obtain counsel to represent her minor child.
Erica Pagan's action on behalf of J.M. and the named defendants, including the City of New York and the police officers.
What happened
In Pagan v. City of New York, Erica Pagan sued the City of New York and police officers while acting as the mother and guardian of J.M. Her law firm withdrew as counsel on September 26, 2024.
The court directed Pagan to obtain a lawyer because a parent who is not a lawyer cannot represent a minor child in court. After Pagan did not obtain new counsel, the court warned her that the action would be dismissed and confirmed that she had been served with that warning.
Judge Ramos dismissed the action without prejudice and directed the Clerk of Court to enter judgment dismissing it. The order did not decide the underlying claims.
The detailed version
- Pagan v. City of New York · No. 1:23-cv-09436
- Edgardo Ramos
- Dec. 4, 2024
Background
Erica Pagan brought this action as the mother and natural guardian of J.M. against the City of New York, Police Officers Thomas Collazo and Justin Lopez, and unnamed New York City police officers, individually and in their official capacities.
Procedural History
On September 26, 2024, the court granted the Irwin Law Firm's request to withdraw as Pagan's lawyer. In the same order, the court directed Pagan to obtain new counsel by October 26, 2024, explaining that a parent who is not a lawyer cannot bring an action on behalf of a minor child.
On October 30, 2024, the defendants filed a motion to dismiss and noted that the docket did not show that Pagan had obtained new counsel. On October 31, the court again directed Pagan to have a lawyer enter an appearance by November 29 and warned that failing to do so would result in dismissal. The court also directed the Irwin Law Firm to serve Pagan with that order. On November 22, the firm filed an affidavit stating that it had served Pagan by regular and certified mail on November 4, 2024.
Ruling
Pagan did not obtain counsel despite the court's warnings and the time provided. Judge Edgardo Ramos therefore dismissed the action without prejudice. The Clerk of Court was directed to enter judgment dismissing the action.
The order dismissed the action on the representation issue and did not reach the merits of the claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.