Off-White LLC v. alwayn
- Ronnie Abrams
- 1:20-cv-09772
- U.S. District Court · Southern District of New York
- 2
In Off-White v. alwayn, Judge Abrams gave seven defendants 30 days to hire lawyers and refile their dismissal motion, while terminating the pending motion.
Defendants Boys & Men, Limelight, Lady Story, Luxe&lure, Minx, PALA, and Pink Lady received 30 days to retain lawyers and potentially refile their motion to dismiss. Off-White LLC was directed to serve them with the order.
What happened
Off-White LLC sued alwayn and other defendants. Yao Hao Ming filed a motion to dismiss for seven defendants: Boys & Men, Limelight, Lady Story, Luxe&lure, Minx, PALA, and Pink Lady.
The court said those defendants, as corporations, could not appear in the case without lawyers. It therefore gave them 30 days to retain lawyers and refile the motion if they wished. The court did not decide whether the motion to dismiss had merit.
Judge Ronnie Abrams directed Off-White to serve the order on the seven defendants and told the Clerk to terminate the pending motion. The court warned that it might enter a default judgment if the defendants did not comply.
The detailed version
- Off-White LLC v. alwayn · No. 1:20-cv-09772
- Ronnie Abrams
- Mar. 25, 2021
Background
On March 23, 2021, Yao Hao Ming filed a motion to dismiss on behalf of Boys & Men, Limelight, Lady Story, Luxe&lure, Minx, PALA, and Pink Lady. The opinion states that Mr. Ming appeared to be proceeding without a lawyer.
Court’s reasoning
The court relied on the rule that a corporation may not appear in a lawsuit except through an attorney. Because the identified defendants could not proceed through an unrepresented person, the court did not consider the substance of their motion to dismiss.
Ruling and effect
The court granted the seven defendants a 30-day extension to retain a lawyer and refile their motion to dismiss if they wished to do so. It directed Off-White to serve the order on those defendants using the alternative service methods previously approved in the case, including service by email. The Clerk was directed to terminate the motion at docket entry 29. The court stated that it might grant default judgment against the defendants if they did not comply. Judge Ronnie Abrams’s order did not decide the merits of the motion to dismiss.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.