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S.D.N.Y.Procedural orderFiled Mar. 24, 2022

Nicolas Marciale v. Two Marias Pizza Inc.

Judge
John Cronan
Docket
1:21-cv-10964
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Marciale v. Two Marias Pizza, Judge Cronan told two corporate defendants they must hire lawyers or risk default.

Who this affects

Maria Morillo and the corporate defendants Two Marias Pizza Inc. and 51 Columbia Pizza Inc.; the corporations were told to retain licensed counsel, while Morillo was permitted to represent herself.

What happened

In Celso Nicolas Marciale v. Two Marias Pizza Inc. et al., Maria Morillo filed a notice saying she would represent herself. The court was told that she also tried to file similar notices for Two Marias Pizza Inc. and 51 Columbia Pizza Inc.

The court explained that corporations cannot represent themselves without a licensed attorney. It advised the two corporate defendants that they must retain lawyers if they want to defend the case, and warned that failing to do so may result in a default judgment. The court allowed Morillo to continue representing herself if she chooses and directed the clerk to mail her a copy of the order.

Judge John P. Cronan issued this procedural order on March 24, 2022. The order did not decide the underlying claims.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Nicolas Marciale v. Two Marias Pizza Inc. · No. 1:21-cv-10964
Judge
John Cronan
Date
Mar. 24, 2022

Background

Maria Morillo filed a notice of self-representation. The court was advised that she also attempted to file notices of self-representation for the corporate defendants, Two Marias Pizza Inc. and 51 Columbia Pizza Inc.

Court’s Ruling

The court advised the two corporations that a corporation may not proceed without an attorney. If they wish to defend themselves in the case, they must retain a licensed attorney to appear on their behalf. The court warned that failing to do so may result in a default judgment against them. A default judgment is a judgment entered after a party fails to defend the case.

The court stated that Morillo may proceed without an attorney if she chooses. It directed the clerk to mail a copy of the order to Morillo and note service on the docket. The order did not rule on the merits of Marciale’s claims or enter a default judgment. Judge John P. Cronan signed the order.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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