Peru v. United Nations Office for Project Services

Background

Consorcio Gran Evento Peru (CGEP) initiated the action on October 24, 2025, through Doris Diana Melgar, whom CGEP identified as its “legal representative.” The opinion describes CGEP as a Peruvian business “consortium” and states that CGEP was appearing without a lawyer.

Representation requirement

The court discussed 28 U.S.C. § 1654, which permits a person to represent himself or herself, or an attorney admitted to practice law to represent another person or entity. Relying on Second Circuit and Supreme Court precedent, the court explained that a nonlawyer cannot bring claims on behalf of another person or a legal entity. It also stated that courts generally do not permit corporations, partnerships, associations, and other artificial entities to appear without an attorney.

The court found that Melgar did not assert that she was a licensed attorney. It therefore stated that she could not assert claims on CGEP’s behalf.

Ruling and notice

The court did not dismiss the claims in this order. Instead, it put CGEP on notice that its claims will be dismissed without prejudice unless CGEP retains counsel on or before December 1, 2025. “Without prejudice” means the dismissal would not itself bar a later filing, subject to any other applicable requirements.

The court also warned the parties that failing to comply with court orders, the Federal Rules of Civil Procedure, the Southern District of New York’s Local Rules, and the judge’s individual civil-practice rules could result in sanctions. The listed sanctions included monetary sanctions against counsel and the parties, preclusion of claims, defenses, evidence, or motion practice, dismissal for failure to prosecute, and default judgment. The order was signed by Judge Mary Kay Vyskocil on November 11, 2025.