Rivera v. JM Family Child Day Care LLC

Background

Carmen Maribel Rivera filed a complaint against JM Family Child Day Care LLC, doing business as JM Family Care, and Jose Marte. The complaint alleges that Marte owns JM Family Care. Marte later filed a letter seeking more time to respond to the lawsuit and stating that he needed time to find an attorney to represent his business. The court understood the letter as requesting an extension for both defendants.

Ruling on the Extension Request

The court granted in part and denied in part Marte’s request. It granted Marte’s request, on his own behalf, for more time to answer or otherwise respond to the complaint. His deadline was extended to June 20, 2025.

The court denied without prejudice Marte’s request for an extension on behalf of JM Family Care. The court explained that a limited liability company may appear in federal court only through a licensed attorney. Because Marte could not request an extension for the company, the court denied that part of the request without prejudice.

Appeal and Administrative Directions

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied fee-free appeal status for that purpose. Judge Woods directed the clerk to mail a copy of the order to each defendant.