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S.D.N.Y.Procedural orderFiled Sept. 17, 2020

CBI Capital LLC v. Mullen

Judge
Analisa Torres
Docket
1:19-cv-05219
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In CBI Capital LLC v. Mullen, Judge Torres ordered the corporate defendant to report whether it had obtained new counsel.

Who this affects

Mike Mullen Energy Equipment Resource, Inc., which was ordered to report whether it had obtained new counsel and was told it must appear through a lawyer to continue defending itself.

What happened

In CBI Capital LLC v. Mullen, the court said Mike Mullen Energy Equipment Resource, Inc. had not yet submitted the required information about whether it had hired new counsel.

The court ordered the corporation to tell the court by September 23, 2020, whether it had obtained new counsel. It also stated that the corporation must appear through a lawyer to continue defending itself.

Judge Analisa Torres issued the order on September 17, 2020.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
CBI Capital LLC v. Mullen · No. 1:19-cv-05219
Judge
Analisa Torres
Date
Sept. 17, 2020

Background

On August 28, 2020, the Court directed Defendant Mike Mullen Energy Equipment Resource, Inc. to inform the Court by September 14, 2020, whether it had retained new counsel. The order states that the corporation's submission was overdue.

Order

The Court ordered Mike Mullen Energy Equipment Resource, Inc. to inform the Court by September 23, 2020, whether it had obtained new counsel. The Court reiterated that the corporation must appear through an attorney to continue defending itself because, under the cited precedent, a corporation may not appear in court without a lawyer.

Disposition

The order requires the corporate defendant to provide the specified counsel update. It does not decide the underlying claims or counterclaims.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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