City of New York v. Arm Or Ally, LLC
- Jesse Furman
- 1:22-cv-05525
- U.S. District Court · Southern District of New York
- 4
In City of New York v. Arm Or Ally, LLC, Judge Furman directed responses and maintained a default-judgment hearing while reminding Indie Guns, LLC it needed counsel.
Indie Guns, LLC and its representative, Lawrence Destefano, were instructed about required communications with the court and the need for counsel; the City of New York was directed to respond and provide service of the order.
What happened
In City of New York v. Arm Or Ally, LLC, Lawrence Destefano, identified as the principal of defendant Indie Guns, LLC, asked the court for more time to find a lawyer before a scheduled hearing.
The court told Destefano that an unrepresented party must communicate through the Pro Se Intake Unit, not directly with the judge’s chambers. It also reiterated that a limited liability company may appear in federal court only through a lawyer.
Judge Jesse M. Furman directed the City of New York to respond by 10:00 a.m. the next day and said the telephone hearing on a request for default judgment would proceed at 4:30 p.m. unless the court ordered otherwise. The City’s lawyer was also directed to send Indie Guns a copy of the order and confirm that service.
The detailed version
- City of New York v. Arm Or Ally, LLC · No. 1:22-cv-05525
- Jesse Furman
- Mar. 8, 2023
Background
The court received an email from Lawrence Destefano, identified as the principal of defendant Indie Guns, LLC. Destefano stated that he had not been able to secure counsel to represent Indie Guns at a telephone hearing scheduled for March 9, 2023, and requested an additional two weeks.
The attached email chain shows that the City’s counsel had previously told Destefano that requests for more time had to be made to the court. The chain also refers to the City’s motion to strike Indie Guns’ answer, for a certificate of default, and for a judgment of default.
Court’s Instructions
The court advised Destefano that, as the representative of an unrepresented party, he could not communicate directly with chambers by email or otherwise. It directed that communications from an unrepresented party go through the Pro Se Intake Unit and provided contact and filing information for that unit.
The court also reiterated that limited liability companies, including Indie Guns, LLC, may appear in federal court only through counsel. The order does not state that the court allowed or denied Destefano’s request for two additional weeks.
Ruling and Next Steps
The court directed the City to respond to Destefano’s request by 10:00 a.m. the following day. Unless the court ordered otherwise, the telephone hearing on the request for a default judgment would proceed as scheduled at 4:30 p.m. the following day. The court directed the City’s counsel to email Indie Guns a copy of the order by the close of business that day and confirm service in the City’s response. Judge Jesse M. Furman signed the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.