Liberty Holdings LLC v. Aposta, Inc.
- Rochon
- 1:18-cv-05108
- U.S. District Court · Southern District of New York
- 1
In Liberty Holdings (NYC) LLC v. Aposta, Inc., Judge Rochon ordered overdue filings and counsel information, warning that noncompliance could lead to dismissal.
The parties, particularly Plaintiffs Liberty Holdings (NYC) LLC and Dreambuilder Investments, LLC, were required to make filings and address their lack of counsel; noncompliance could lead to dismissal for failure to prosecute.
What happened
In Liberty Holdings (NYC) LLC v. Aposta, Inc., the parties missed a deadline to file a joint letter required by the Court’s September 15, 2022 order. The order also noted that counsel for plaintiffs Liberty Holdings (NYC) LLC and Dreambuilder Investments, LLC had withdrawn and that no new lawyer had appeared for them.
The Court ordered the parties to file the requested joint letter by October 31, 2022. If they could not file jointly, each party had to file its own letter, send a courtesy copy to the opposing party, and explain why a joint filing was not possible. The two plaintiff companies also had to provide current contact information and state whether they had obtained counsel, explaining any failure to do so.
Judge Jennifer L. Rochon warned that failure to follow the orders could result in dismissal for failure to prosecute. The Clerk was directed to mail the order to the pro se plaintiffs.
The detailed version
- Liberty Holdings LLC v. Aposta, Inc. · No. 1:18-cv-05108
- Rochon
- Oct. 21, 2022
Background
On September 15, 2022, the Court ordered the parties to file a joint letter within three weeks. The deadline passed without the parties filing the letter. The opinion also states that counsel for Plaintiffs Liberty Holdings (NYC) LLC and Dreambuilder Investments, LLC withdrew on March 22, 2022, and that no attorney had appeared for either limited liability company since then. An order mailed to the plaintiffs was returned as undeliverable.
Orders
The Court ordered the parties to file, by October 31, 2022, a joint letter addressing all information requested in the September 15 order. If they could not file jointly, each party had to file and email a courtesy copy of its own letter to the opposing party and explain why the joint filing was not possible.
The Court separately ordered Liberty Holdings (NYC) LLC and Dreambuilder Investments, LLC to file a letter by October 31, 2022, providing their current contact information, stating whether they had obtained counsel, and explaining why they had not obtained counsel if they had not. The Court cited the rule that a limited liability company may appear in federal court only through a licensed attorney.
Disposition and effect
The Court did not dismiss the case in this order. It warned that failure to comply with the Court’s orders may result in dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b). The Clerk was directed to mail the order to the pro se plaintiffs. Judge Jennifer L. Rochon issued the order on October 12, 2022.
Uncertainty note
The supplied case metadata lists a filing date of October 21, 2022, while the opinion itself is dated October 12, 2022. This summary uses the opinion’s stated date.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.