Kelley v. Kenneth Park Architect PLLC
- Katherine Failla
- 1:22-cv-02712
- U.S. District Court · Southern District of New York
- 3
In Kelley v. Kenneth Park Architect PLLC, Judge Failla required the company to obtain counsel, adjourned the conference, and terminated docket entry 8.
Kenneth Park Architect PLLC was required to obtain licensed counsel to proceed in federal court, unless the parties settled. Kelley and the defendant were also affected by the adjournment of the initial pretrial conference and the court’s settlement directive.
What happened
In Kelley v. Kenneth Park Architect PLLC, the defendant submitted a letter asking the court to dismiss the case. The letter said the company had received photographs from Christian Louboutin, removed them from its website after Kelley objected, and had not hired a lawyer.
The court ruled that Kenneth Park Architect PLLC could not represent itself in federal court because a company must appear through a licensed lawyer. The court gave the company additional time to obtain counsel and moved the initial pretrial conference to August 18, 2022.
Judge Failla also directed the parties to notify the court if they settled. If they reached an agreement, the defendant could forgo obtaining a lawyer. The court directed the Clerk to terminate the motion at docket entry 8; the opinion does not identify that motion's title or separately state that the case was dismissed.
The detailed version
- Kelley v. Kenneth Park Architect PLLC · No. 1:22-cv-02712
- Katherine Failla
- June 17, 2022
Background
Kenneth Park Architect PLLC submitted a letter responding to allegations concerning its use of photographs of stores it designed for Christian Louboutin. The letter stated that the photographs had been provided by Christian Louboutin for use on the firm’s website portfolio. It also stated that, after Kelley identified himself as the photographer and requested payment, the firm removed the photographs from its website, said it would not use them, and made a settlement offer through Kelley’s counsel.
The letter asked the court to dismiss the case. It was signed by Edward D. Randolph, identified as the firm’s Associate Director of Operations. The letter stated that Kenneth Park Architect PLLC had not retained counsel.
Court’s ruling
The court directed the defendant to submit future filings to the Pro Se Intake Office but ruled that the defendant could not proceed without a lawyer. The court explained that federal law prevents a non-lawyer from representing a corporation in federal court and that a corporate entity may appear only through licensed counsel.
To give Kenneth Park Architect PLLC additional time to secure representation, the court adjourned the initial pretrial conference to August 18, 2022, at 10:00 a.m. The court also directed the parties to file a letter if they reached a settlement. If they settled, the defendant could forgo securing legal representation. The Clerk of Court was directed to terminate the motion at docket entry 8.
What the decision did not decide
The endorsement did not decide the parties’ underlying dispute about the photographs or state that the case was dismissed. It also did not identify the title or precise relief requested in the motion at docket entry 8. This was a procedural order concerning the defendant’s representation, the scheduling conference, and the pending motion.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.