Heights in Paris LLC v. Almanzar
- Laura Swain
- 1:22-cv-03224
- U.S. District Court · Southern District of New York
- 2
In Heights in Paris LLC v. Almanzar, Judge Swain dismissed the action without prejudice because the company appeared without a lawyer, allowing 30 days to retain counsel.
Heights in Paris LLC, whose action was dismissed without prejudice because it was proceeding without licensed counsel. The underlying claims against Belcalis Almanzar, Google LLC, and Hennessy Almanzar were not decided.
What happened
Heights in Paris LLC v. Almanzar involved a lawsuit brought by Heights in Paris LLC without a lawyer. Eric T. Baker signed the complaint, although he was not listed as a plaintiff.
The court explained that companies and other artificial entities cannot represent themselves in federal court. The opinion did not address the underlying claims against the defendants.
Judge Swain dismissed the action without prejudice to Heights in Paris retaining counsel within 30 days. The court also denied permission to appeal without paying filing fees because it certified that an appeal would not be taken in good faith.
The detailed version
- Heights in Paris LLC v. Almanzar · No. 1:22-cv-03224
- Laura Swain
- May 3, 2022
Background
Heights in Paris LLC brought the action without a lawyer. Eric T. Baker signed the complaint, but he was not listed as a plaintiff. Baker also did not submit an application to proceed without paying filing fees or pay the filing fees.
Court’s Analysis
The court explained that corporations, nonprofit organizations, partnerships, associations, and other artificial entities cannot appear in federal court without a licensed attorney. The court therefore concluded that the claims brought on behalf of Heights in Paris could not proceed while the company was unrepresented.
Disposition
The court dismissed the action without prejudice to Heights in Paris retaining counsel within 30 days of the order. The court did not decide the underlying claims. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.