Toro v. Doozy Cards, LLC
- Andrew Carter
- 1:22-cv-06783
- U.S. District Court · Southern District of New York
- 1
In Toro v. Doozy Cards, Judge Carter ordered Doozy Cards to retain counsel, stayed its response deadline, and terminated an improperly filed motion.
Doozy Cards, LLC, which must retain licensed counsel and file a notice of appearance within 30 days or may face entry of default.
What happened
In Toro v. Doozy Cards, LLC, the defendant, a limited liability company, had not appeared through a lawyer as required in federal court.
The court ordered Doozy Cards to retain a lawyer and file a notice of appearance within 30 days. Until it files that notice, its deadline to answer or otherwise respond is stayed. The court warned that it may enter default if Doozy Cards does not comply and directed the Clerk to terminate the motion at ECF No. 7 because it was filed without counsel.
Judge Andrew L. Carter, Jr. issued the order on October 4, 2022. The order did not enter default; it warned that default may be entered if Doozy Cards fails to obtain counsel.
The detailed version
- Toro v. Doozy Cards, LLC · No. 1:22-cv-06783
- Andrew Carter
- Oct. 4, 2022
Background
Doozy Cards, LLC, the defendant, failed to appear through counsel. The court stated that a limited liability company may appear in federal court only through a licensed attorney and cannot represent itself.
Order
The court ordered Doozy Cards to retain counsel and file a notice of appearance within 30 days of the order’s date. The deadline for Doozy Cards to answer or otherwise respond was stayed until the notice of appearance is filed. The court stated that it may enter default if Doozy Cards does not comply. Default is a judgment that may be entered when a party fails to defend the case, but the court did not enter default in this order.
The Clerk of Court was directed to terminate the motion at ECF No. 7 because it was improperly filed without counsel.
Classification and effect
This is a procedural order concerning representation and case administration. It does not decide the underlying dispute between Andrew Toro and Doozy Cards, LLC. The opinion does not state what relief the terminated motion requested.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.