Endurance American Insurance Company v. Division 16 Construction Corp.
- James Oetken
- 1:20-cv-08362
- U.S. District Court · Southern District of New York
- 2
In Endurance American v. Division 16, Judge Oetken ruled Juan Hernandez could not represent Amy Hernandez or the corporation, requiring proper appearances.
Amy A. Hernandez and Division 16 Construction Corporation were required to obtain proper representation or, for Amy A. Hernandez, appear on her own behalf; Juan Hernandez Jr.’s filings for them were not treated as proper appearances.
What happened
Endurance American Insurance Company v. Division 16 Construction Corp. concerns filings made by Juan Hernandez Jr. on behalf of himself, Amy A. Hernandez, and Division 16 Construction Corporation.
The court explained that people without a law license generally may represent only themselves, not another person or a corporation. It therefore found that proper appearances had not been entered for Amy A. Hernandez or Division 16 Construction Corporation.
Judge Oetken directed Amy A. Hernandez to obtain a lawyer or appear for herself, and directed Division 16 Construction Corporation to obtain a lawyer. He required the appropriate appearances and answers to be filed by May 4, 2021.
The detailed version
- Endurance American Insurance Company v. Division 16 Construction Corp. · No. 1:20-cv-08362
- James Oetken
- Apr. 23, 2021
Background
On April 5, 2021, Juan Hernandez Jr. filed an appearance and answer without a lawyer, stating that he was appearing for himself and Amy A. Hernandez. On April 16, 2021, he filed another appearance and answer without a lawyer, this time for Division 16 Construction Corporation.
Court’s analysis
The court relied on 28 U.S.C. § 1654 and decisions from the U.S. Court of Appeals for the Second Circuit and the Southern District of New York. It explained that an unlicensed person generally may appear only for himself or herself, not for another person or a corporation. The court therefore concluded that proper appearances had not been entered for Amy A. Hernandez or Division 16 Construction Corporation.
Order
The court directed Amy A. Hernandez to obtain counsel or make an appearance on her own behalf. It directed Division 16 Construction Corporation to obtain counsel. The court required Amy A. Hernandez or her counsel, and counsel for Division 16 Construction Corporation, to file an appearance and answer by May 4, 2021. Judge J. Paul Oetken also directed the Clerk of Court to mail the order to Amy A. Hernandez and Division 16 Construction Corporation.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.