Armstrong v. Elizabeth
Traci Armstrong, and Your Muse Traci, LLC v. Anna Elizabeth, and Magic & Miracles
- Analisa Torres
- 1:24-cv-06956
- U.S. District Court · Southern District of New York
- 1
In Armstrong v. Elizabeth, Judge Torres directed plaintiffs to pursue default-judgment proceedings after Magic & Miracles again failed to obtain counsel.
The plaintiffs, Traci Armstrong and Your Muse Traci, LLC, must take action by September 30, 2025. Magic & Miracles is affected by the requirement that it appear through counsel and by the potential for default.
What happened
In Traci Armstrong, and Your Muse Traci, LLC v. Anna Elizabeth, and Magic & Miracles, the court addressed Magic & Miracles’ failure to appear with a lawyer. The court had previously ordered the business to obtain counsel because it is a sole proprietorship and cannot represent itself in federal court.
At Anna Elizabeth’s request, the court extended the deadline several times. The latest deadline was August 31, 2025, but Magic & Miracles still had not appeared with counsel by that date.
The court directed the plaintiffs to begin default-judgment proceedings by September 30, 2025, or otherwise take steps to prosecute the case. Judge Analisa Torres warned that failing to do so could lead to dismissal under Rule 41(b) of the Federal Rules of Civil Procedure.
The detailed version
- Armstrong v. Elizabeth · No. 1:24-cv-06956
- Analisa Torres
- Sept. 3, 2025
Background
The court had previously ordered Magic & Miracles, identified as a sole proprietorship, to appear in the case through counsel by May 27, 2025. The court explained that a sole proprietorship may not proceed without a lawyer in federal court. At Anna Elizabeth’s request, the court extended the deadline first to June 27 and then to July 31.
The court later extended the deadline again, to August 31, and reminded Magic & Miracles that it had to be represented by counsel to appear in federal court. The court warned that failing to obtain counsel could result in a default against Magic & Miracles. Magic & Miracles did not appear with counsel by the latest deadline.
Court’s Action
The court directed the plaintiffs, by September 30, 2025, to initiate default-judgment proceedings under the court’s individual practices or otherwise take steps to prosecute the action. The court stated that failure to do so could result in dismissal under Rule 41(b) of the Federal Rules of Civil Procedure.
The order did not itself enter default judgment or dismiss the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.