Mercer v. Front & Third, LLC
- Andrew Carter
- 1:19-cv-09654
- U.S. District Court · Southern District of New York
- 2
In Mercer v. Front & Third, LLC, Judge Carter ruled the corporation could not appear without a lawyer and required a corrected notice.
Front & Third, LLC, Daniel J. Pennessi, and the plaintiff, who was directed to serve the order and file proof of service.
What happened
Mercer v. Front & Third, LLC concerned the defendant corporation’s notice of appearance filed by Daniel J. Pennessi, who said he was representing himself and worked as general counsel for a Connecticut-based real estate developer.
The court explained that a corporation cannot represent itself in federal court, although in-house counsel may represent a corporation. It found Mr. Pennessi’s notice defective because it did not properly state that he was appearing for Front & Third, LLC.
Judge Andrew L. Carter, Jr. ordered that Front & Third may have Mr. Pennessi represent it if he files a new notice on the company’s behalf. The plaintiff also had to serve the order by March 30, 2020, and file proof of service by April 1, 2020.
The detailed version
- Mercer v. Front & Third, LLC · No. 1:19-cv-09654
- Andrew Carter
- Mar. 25, 2020
Background
The court received a March 10, 2020 letter from Daniel J. Pennessi and a March 11, 2020 letter from the plaintiff. Mr. Pennessi’s letter and notice of appearance stated that he was appearing without a lawyer and that he was employed as general counsel for a Connecticut-based real estate developer.
Representation of the Corporate Defendant
The court held that Front & Third, LLC, as a corporation, could not appear without a lawyer in federal court. The court noted that in-house counsel may represent a corporate defendant, but determined that Mr. Pennessi’s notice of appearance was defective because it did not properly state that he was appearing on behalf of Front & Third, LLC.
Order
The court ordered that, if Front & Third, LLC wanted Mr. Pennessi to represent it, he had to file a new notice of appearance on the company’s behalf. After an adequate notice was filed, the defendant could seek a pre-motion conference. The court also directed the plaintiff to serve a copy of the order on the defendant by March 30, 2020, and to file proof of service by April 1, 2020. Judge Andrew L. Carter, Jr. entered the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.