Baker v. National Football League Inc./Enterprises

Background

Connie Baker, appearing without a lawyer, brought the action under the court’s diversity jurisdiction, which allows certain disputes involving parties from different states or countries to be heard in federal court. The opinion does not describe the underlying claims. In an earlier order dated February 9, 2021, the court allowed Baker to proceed without paying filing fees in advance.

Service on the defendants

The complaint named “National Football League Inc./Enterprises (NFL)” as one defendant. The court concluded that this appeared to refer to two separate entities and directed the Clerk of Court to list them separately as “National Football League, Inc.” and “NFL Enterprises, LLC.”

Because Baker was allowed to proceed without paying fees in advance, she could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the usual 90-day service period so that it would run from the date the summons was issued. It directed the Clerk to prepare a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and provide the Marshals Service with the necessary paperwork.

The court also required Baker to notify the court in writing if her address changes and stated that the action could be dismissed if she failed to do so.

Estate and children

The complaint appeared to assert claims on behalf of the Estate of Donnell K. Baker and two children. The court therefore directed the Clerk to list “The Estate of Donnell K. Baker,” “Shayla Danielle Baker,” and “DJB” as separate plaintiffs.

The court explained that a non-attorney generally cannot represent an estate. It allowed two possible paths for the estate to proceed: the estate could be represented by a lawyer, or Connie Baker could show that she is the estate’s administratrix and sole beneficiary and that the estate has no creditors. The opinion does not state whether those facts are true.

The estate could not proceed without paying fees because only natural persons may receive that fee waiver. The estate was required to pay $402 in filing and administrative fees. Within 30 days, Baker had to state whether she intended to obtain counsel for the estate or would show that she was the administratrix and sole beneficiary and that the estate had no creditors. The estate also had to demonstrate within 30 days that it had paid the $402.

A non-attorney parent generally cannot bring a federal action for minor children without a lawyer. If either child was an adult and wanted to proceed as a plaintiff, that person had to sign the attached declaration and submit an application to proceed without paying fees in advance within 30 days. If either child was a minor, Baker had to indicate whether she intended to obtain counsel for that child.

Disposition

Judge Andrew L. Carter, Jr. entered an order directing service and setting requirements for the estate and children to proceed as plaintiffs. The Clerk was directed to separate the defendants and plaintiffs on the docket and issue the service paperwork. The order did not grant or deny the underlying claims and did not decide their merits.