Bloise v. Q4 Generational Wealth, Inc.

Background

Defendant Melanie Burgos sent the court a January 17, 2023 letter asking for permission to represent herself and corporate defendant Q4 Generational Wealth, Inc. (Q4) without lawyers. She also asked for permission to file a motion to dismiss Alicia Bloise’s complaint.

Court’s Analysis

The court stated that Burgos could represent herself under 28 U.S.C. § 1654. It denied Burgos’s request to represent Q4 because a corporation is an artificial entity that can act only through agents and therefore cannot appear without counsel. The court directed Q4 to retain a lawyer and stated that Q4 could appear in the case only through its lawyer.

The court did not decide the merits of any proposed motion to dismiss. Instead, it advised Burgos to review Federal Rule of Civil Procedure 12(b), the relevant case law, and the Southern District of New York’s local rules. The court explained that, at the motion-to-dismiss stage, it usually must accept the complaint’s factual allegations as true, draw reasonable inferences in the plaintiff’s favor, and generally cannot consider materials outside the complaint’s four corners. The court specifically noted that it likely could not consider the images Burgos attached to her letter.

Ruling and Deadline

Judge Loretta A. Preska allowed Burgos to represent herself and denied her request to represent Q4 herself. The court stated that Burgos could file a motion to dismiss if, after reviewing the applicable rules and law, she believed she had a meritorious motion. She could alternatively answer the complaint. Q4 could file a motion to dismiss through counsel after retaining a lawyer. The court extended both Burgos’s and Q4’s time to respond to the complaint through and including February 25, 2023. The court warned that failing to respond or request another extension could result in a default judgment against them.