Allstar Marketing Group, LLC v. 53 Romantic House Store
- Paul Engelmayer
- 1:20-cv-09072
- U.S. District Court · Southern District of New York
- 2
In Allstar Marketing Group v. 53 Romantic House Store, Judge Engelmayer ordered Ningbo to use a licensed attorney to defend itself.
Ningbo East Cleaning Tool Co. Ltd. was required to obtain licensed counsel to defend itself in the federal action. The order also concerned the procedural ability of business entities to appear without lawyers.
What happened
In Allstar Marketing Group, LLC v. 53 Romantic House Store, defendant Ningbo East Cleaning Tool Co. Ltd. said it intended to appear without a lawyer and filed an answer responding to the complaint.
The court explained that business entities cannot represent themselves in federal court and must appear through licensed counsel. It warned that if Ningbo did not retain a lawyer, it could face an application for a default judgment.
Judge Paul A. Engelmayer ordered that Ningbo must retain licensed counsel if it wished to defend itself. The order did not state that a default judgment had been entered.
The detailed version
- Allstar Marketing Group, LLC v. 53 Romantic House Store · No. 1:20-cv-09072
- Paul Engelmayer
- Nov. 30, 2020
Background
The court received a notice of appearance from defendant Ningbo East Cleaning Tool Co. Ltd. (“Ningbo”), stating that it intended to appear without a lawyer. Ningbo then filed an answer purporting to respond to Allstar Marketing Group, LLC’s complaint.
Legal rule
The court applied the rule that business entities and other artificial entities may not represent themselves in federal court. They must appear through a licensed attorney. The court cited decisions explaining that this requirement applies to corporations, partnerships, associations, and other artificial entities.
Ruling and possible consequence
The court ordered that, if Ningbo wished to defend itself, it had to retain a licensed attorney. The court warned that otherwise Ningbo risked an application for a default judgment, which the court would be required to enter if the application were proper. The opinion did not enter a default judgment or state whether one was later sought. Judge Paul A. Engelmayer signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.