Faller v. Breezy Point Energy Corp. and Ari Goldstein
- Clarke
- 7:25-cv-01604
- U.S. District Court · Southern District of New York
- 1
In Noel Faller v. Breezy Point, Judge Clarke ordered Faller to seek default judgment against Breezy Point after it failed to obtain counsel.
Noel Faller and Breezy Point Energy Corp.; the order also sets filing and service deadlines for Faller.
What happened
In Noel Faller v. Breezy Point Energy Corp. and Ari Goldstein, the court addressed Breezy Point Energy Corp.'s failure to obtain a lawyer.
The court said that a corporation may appear in federal court only through a lawyer. Breezy Point had been ordered to obtain new counsel by September 14, 2025, but had not done so.
Judge Clarke ordered Noel Faller to serve the order on Breezy Point and file proof of service by September 19, 2025, then file a motion for default judgment against Breezy Point by October 6, 2025. The court did not enter default judgment in this order.
The detailed version
- Faller v. Breezy Point Energy Corp. and Ari Goldstein · No. 7:25-cv-01604
- Clarke
- Sept. 16, 2025
Background
The court stated that a corporation may appear in federal court only through counsel. Breezy Point Energy Corp. had been directed to obtain new counsel by September 14, 2025, but had not done so. The court had also warned that default judgment—a judgment based on a party's failure to defend the case—might be entered against Breezy Point if new counsel did not appear.
Order
The court ordered Noel Faller to serve a copy of the order on Breezy Point and file proof of service by September 19, 2025. It also directed Faller to file a motion for default judgment concerning Breezy Point by October 6, 2025, following the court's individual rules and the applicable local rule. The order stated that failing to file the motion on time may result in dismissal of the action against Breezy Point for failure to prosecute. The court did not enter default judgment in this order.
Judge
Judge Jessica G. L. Clarke issued the order on September 16, 2025.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.