Panagiotopoulos v. Galati

Background

Haralabos Panagiotopoulos, proceeding without a lawyer, filed a civil-rights action seeking emergency relief. He asserted claims for himself and on behalf of Panagios MEP Corp., which was also named as a plaintiff. The defendants included Walls and Ceilings, Inc.; Matteo Galati; Mrs. Galati; Christine Demma; Lock Construction Corporation; Frank Malhas; the Metropolitan Transportation Authority and two of its employees; Mount Sinai Hospital; and Dr. Georgio Drakas.

The complaint involved five groups of allegations: an eviction proceeding in Queens County involving Demma; contractual disputes with Walls and Ceilings and the Galatis; contractual and civil-rights allegations involving the Metropolitan Transportation Authority defendants; a contract dispute involving Lock Construction and Malhas; and medical claims involving Mount Sinai and Dr. Drakas. The court found that these groups of claims did not appear to arise from the same events or involve the same defendants.

Severance and transfer

Under the federal rules governing the joining of claims and parties, unrelated claims against different defendants generally cannot proceed together. The court therefore severed the claims that allegedly arose in Queens County. It transferred the eviction and Walls and Ceilings claims to the United States District Court for the Eastern District of New York, concluding that Queens County appeared to be a more convenient forum and that the alleged events occurred there. The Clerk was directed to transfer the claims against Walls & Ceilings Inc., Matteo Galati, Mrs. Galati, and Christine Demma and terminate those four defendants from this action.

Opportunity to amend

The court determined that the remaining Metropolitan Transportation Authority, Lock, and Mount Sinai claims did not contain enough facts to show that Panagiotopoulos was entitled to relief. It granted him 30 days to file an amended complaint concerning one of those three groups of defendants. If he wants to pursue claims against the other two groups, the court stated that he may file two new civil actions. The court directed that the amended complaint be submitted to the Pro Se Intake Unit, labeled “Amended Complaint,” and identify docket number 25-CV-6947 (LTS). No summons would issue at that time. The court stated that failure to comply, absent good cause, would result in dismissal for failure to state a claim.

Claims asserted for the corporation

The court dismissed the claims brought on behalf of Panagios MEP Corp. without prejudice to the corporation obtaining counsel and asserting its own claims. It explained that a nonlawyer may represent himself or herself, but generally may not represent a corporation in federal court. The court directed the Clerk to terminate Panagios MEP Corp. as a plaintiff in this action.

Other motions

The court denied Panagiotopoulos’s two motions for emergency relief, concluding that the complaint did not contain enough facts to show a likelihood of success or sufficiently serious questions for emergency relief. The denial was without prejudice to renewal at a later stage.

The court denied the request for appointment of pro bono counsel without prejudice to renewal later, stating that it was too early to assess the merits of the action. It also denied the request for U.S. Marshals service of summonses because the court had not yet completed the screening required for a complaint filed without prepayment of fees. The court certified that an appeal would not be taken in good faith and denied fee-free appeal status.

Disposition

Judge Laura Taylor Swain severed and transferred the Queens County claims, granted 30 days’ leave to amend, dismissed Panagios MEP Corp.’s claims without prejudice, and denied the motions for emergency relief, appointment of counsel, and U.S. Marshals service.