Lavi v. Bank Negara Indonesia Branch
- Vernon Broderick
- 1:22-cv-06000
- U.S. District Court · Southern District of New York
- 5
In Lavi v. Bank Negara Indonesia, Judge Broderick dismissed Turbodynamics Corporation’s claims without prejudice and ordered service on Bank Negara Indonesia.
Pierre Lavi and Turbodynamics Corporation. Turbodynamics Corporation’s claims were dismissed without prejudice because Lavi was not a lawyer authorized to represent it; the court ordered service of Lavi’s action on Bank Negara Indonesia.
What happened
In Lavi v. Bank Negara Indonesia, Pierre Lavi, representing himself, sued Bank Negara Indonesia for himself and Turbodynamics Corporation under diversity jurisdiction. The court had allowed him to proceed without paying filing fees upfront.
The court ruled that a self-represented person cannot represent a corporation in federal court. It therefore dismissed the claims filed on behalf of Turbodynamics Corporation without prejudice if Lavi obtains a lawyer for the corporation. The court also ordered the Clerk and U.S. Marshals Service to issue and serve the lawsuit on Bank Negara Indonesia.
Judge Vernon S. Broderick extended the service deadline to 90 days after the summons is issued and instructed Lavi to request more time if needed. The court also denied fee-free status for any appeal, certifying that an appeal would not be taken in good faith.
The detailed version
- Lavi v. Bank Negara Indonesia Branch · No. 1:22-cv-06000
- Vernon Broderick
- Sept. 20, 2022
Background
Pierre Lavi, appearing without a lawyer, brought the action for himself and on behalf of Turbodynamics Corporation. He invoked the court’s diversity jurisdiction and had been allowed to proceed without prepaying filing fees. The opinion does not describe the underlying claims against Bank Negara Indonesia.
Turbodynamics Corporation’s Claims
The court explained that a person representing himself cannot represent another party in federal court. That rule applies to corporations, including when the individual is the corporation’s sole member or shareholder. Because Lavi was not a lawyer, he could not represent Turbodynamics Corporation.
The court dismissed the claims filed on behalf of Turbodynamics Corporation without prejudice if Lavi obtains counsel to represent the corporation. The order did not dismiss Lavi’s claims on his own behalf.
Service of Process
Because Lavi had permission to proceed without prepaying fees, he could rely on the court and the U.S. Marshals Service to serve Bank Negara Indonesia. The Clerk of Court was instructed to complete the required service form, issue a summons, and send the necessary papers to the Marshals Service.
The court extended the time for service to 90 days after the summons is issued. If service is not completed within that period, Lavi was instructed to request an extension. He was also required to notify the court in writing of any address change.
Disposition
Judge Vernon S. Broderick dismissed without prejudice the claims filed on behalf of Turbodynamics Corporation. The court ordered the Clerk of Court to issue a summons and arrange service on Bank Negara Indonesia. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.