Raborg v. Cantor Fitzgerald Financial Corporation
- Laura Swain
- 1:21-cv-04402
- U.S. District Court · Southern District of New York
- 3
In Raborg v. Cantor Fitzgerald Financial Corporation, Judge Swain dismissed the Trust’s case without prejudice because it could not proceed without a licensed lawyer.
The Christopher Henry Raborg, Trust and Christopher Henry Raborg, because the Trust could not proceed in federal court without licensed counsel.
What happened
In Raborg v. Cantor Fitzgerald Financial Corporation, the Christopher Henry Raborg, Trust brought the action without a lawyer and asked to proceed without paying filing fees. The court considered whether the Trust could represent itself.
The court said that a trust is an entity that cannot appear in federal court without a licensed attorney. It also said Christopher Henry Raborg could not represent the Trust because he did not claim to be a licensed attorney. The court noted that a similar earlier case had been dismissed for the same reason.
Judge Laura Taylor Swain dismissed the action without prejudice. She directed the Clerk to send the order to the plaintiff, terminate the pending motions, and denied fee-free status for any appeal because the appeal would not be taken in good faith.
The detailed version
- Raborg v. Cantor Fitzgerald Financial Corporation · No. 1:21-cv-04402
- Laura Swain
- June 7, 2021
Background
The plaintiff, identified in the opinion as the “Christopher Henry Raborg, Trust,” brought the action without a lawyer. The Trust asked to proceed without paying filing fees.
Why the Court Dismissed the Action
Under 28 U.S.C. § 1654, individuals may represent themselves in federal court, but nonlawyers may not represent another person or an artificial entity. The court treated the Trust as an artificial entity that could not appear without licensed counsel. Because the Trust was not represented by a licensed attorney, the action could not proceed.
The court also found that Christopher Henry Raborg could not represent the Trust. Raborg did not claim to be a licensed attorney, and a person who is not licensed to practice law may not appear for another person or entity. The court noted that Raborg had filed a similar lawsuit in an earlier related proceeding, No. 20-CV-0176 (D.D.C.), which had been dismissed without prejudice for the same reason.
Disposition
The court dismissed the action without prejudice. It directed the Clerk of Court to mail the order to the plaintiff, note service on the docket, and terminate all motions in the matter. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
Judge Laura Taylor Swain signed the order as Chief United States District Judge.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.