Bereswill v. The Mundial Group Inc.
- Colleen McMahon
- 1:22-cv-02997
- U.S. District Court · Southern District of New York
- 2
In Bereswill v. The Mundial Group Inc., Judge McMahon gave the corporation 30 days to hire counsel before granting default judgment in the copyright case.
The Mundial Group, Inc. must obtain licensed counsel to appear in the case; otherwise, the court stated it would grant Bereswill’s default-judgment motion and proceed to determine damages.
What happened
Bereswill v. The Mundial Group Inc. concerns a claim that the defendant copied and altered Paul Bereswill’s copyrighted photograph of baseball player Aroldis Chapman. The defendant had not filed an answer, and Bereswill had asked for a default judgment.
A person identifying himself as the company’s founder submitted a dismissal motion and declaration while claiming to represent himself. The court explained that a corporation cannot represent itself through a nonlawyer; it must appear through a licensed attorney. The opinion does not decide the dismissal motion or the copyright claim.
Judge Colleen McMahon gave The Mundial Group 30 days, until May 31, 2023, to hire a lawyer and file a notice of appearance. She stated that if no attorney appeared by then, she would grant Bereswill’s default-judgment motion and refer the case for a determination of damages.
The detailed version
- Bereswill v. The Mundial Group Inc. · No. 1:22-cv-02997
- Colleen McMahon
- May 1, 2023
Background
Paul Bereswill alleged that The Mundial Group, Inc. infringed his copyright and falsified his copyrighted photograph by republishing and altering an image of Aroldis Chapman pitching. The opinion describes Bereswill as a professional photographer.
The defendant had not filed an answer. After obtaining a certificate of default from the clerk, Bereswill moved for a default judgment. The court required Bereswill to serve the motion in the same manner as a summons to help ensure that the defendant received notice.
The Defendant’s Filing
A person named Felix M. Sencion, who identified himself as the company’s founder, submitted a motion to dismiss and a supporting declaration. Sencion described himself as self-represented and referred to the company’s absence from its headquarters. The declaration expressed a desire to resolve the pending lawsuits but did not identify a legal basis for dismissing this case.
Court’s Analysis
The court explained that corporations cannot represent themselves. The Mundial Group had to appear through a licensed attorney. Sencion could represent the corporation only if he was a lawyer; if he was not a lawyer, he could not do so. The court therefore did not treat Sencion’s filing as a proper appearance by the corporation.
Order
Judge Colleen McMahon gave Sencion until May 31, 2023, to hire a lawyer to represent The Mundial Group. The attorney had to file a notice of appearance by the close of business that day. The court stated that, if no attorney appeared, it would grant Bereswill’s motion for a default judgment and send the case to the assigned magistrate judge for an inquiry into damages. The order itself did not grant the default judgment or decide the copyright allegations.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.