Squarex Pharmaceutical Corporation v. Spartan Capital Securities LLC
- Vyskocil
- 1:24-cv-06880
- U.S. District Court · Southern District of New York
- 2
In Squarex v. Spartan, Judge Vyskocil ordered Squarex’s counsel to seek withdrawal and barred Squarex from filing without counsel.
Squarex Pharmaceutical Corporation and its current counsel. The order also affects Squarex’s ability to file documents while it is a corporation without counsel.
What happened
Squarex Pharmaceutical Corporation sued Spartan Capital Securities LLC. After the court said Squarex had not properly moved the case forward and had not responded to orders to explain the delay, Squarex’s counsel reported that the company wanted to change lawyers. Squarex’s president and chief executive officer also asked for permission to dismiss the company’s counsel and obtain new counsel.
The court explained that a corporation cannot represent itself in federal court and must appear through a licensed lawyer. The order therefore required Squarex’s current counsel to file a motion to withdraw by February 13, 2025. Until then, Squarex was not allowed to file more documents without a lawyer.
Judge Mary Kay Vyskocil also warned that failing to follow the order, court rules, or litigation obligations could lead to penalties, dismissal, or limits on claims, defenses, arguments, or evidence. The order did not itself dismiss the case or grant permission for counsel to withdraw.
The detailed version
- Squarex Pharmaceutical Corporation v. Spartan Capital Securities LLC · No. 1:24-cv-06880
- Vyskocil
- Feb. 6, 2025
Background
Squarex Pharmaceutical Corporation, formerly known as Squarex LLC, filed this action against Spartan Capital Securities LLC. The opinion says Squarex filed a complaint and served it, but Spartan did not file a response. The court then directed Squarex to explain why the case should not be dismissed for failure to prosecute—that is, failure to move the case forward. According to the opinion, Squarex did not respond to those directives.
Squarex’s counsel later asked for permission to file a motion to withdraw, stating that Squarex had discharged counsel and intended to dismiss the case. Counsel then filed a correction stating that Squarex did not intend to dismiss the case and instead intended to proceed with different counsel. Squarex’s president and chief executive officer, Hugh McTavish, separately asked the court to dismiss current counsel and give Squarex time to obtain new counsel.
Court’s Action
The court stated that a corporation may not appear without a lawyer in federal court. It ordered Squarex’s current counsel to file a motion to withdraw by February 13, 2025. The court also ordered Squarex not to file additional documents without the assistance of counsel.
The court warned that failure to follow the order, the Federal Rules of Civil Procedure, the Southern District of New York’s local rules, the court’s individual rules, or the parties’ discovery and other obligations could result in sanctions. The listed consequences included monetary penalties against counsel or the parties, dismissal, and exclusion of claims, defenses, arguments, or evidence. The order did not itself dismiss the case, decide the requested withdrawal motion, or decide the underlying dispute.
Classification and Note
This is a procedural order because it addresses representation and case management rather than deciding the underlying claims. The opinion contains apparent date inconsistencies: it identifies the filing date as February 6, 2025, while the signed order is dated January 6, 2025, and it includes other dates that appear inconsistent with the surrounding chronology.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.