Bloise v. Q4 Generational Wealth, Inc.
- Stewart Aaron
- 1:22-cv-10488
- U.S. District Court · Southern District of New York
- 2
In Bloise v. Q4 Generational Wealth, Judge Aaron recorded withdrawal of a dismissal motion and set deadlines for defendants’ responses and corporate counsel.
Alicia Bloise, Q4 Generational Wealth, Inc., Melanie Burgos, and Jahee Bridgewater were affected by the filing deadlines and appearance requirements. The order particularly required the corporation to obtain counsel and set deadlines for the individual defendants’ next filing.
What happened
In Bloise v. Q4 Generational Wealth, Inc., the court issued a scheduling order after a telephone conference with the parties.
Melanie Burgos and Jahee Bridgewater agreed to withdraw their motion to dismiss. The court required them to answer the complaint or file another response by June 13, 2023. Q4 Generational Wealth, Inc. had to appear through a lawyer by June 21, 2023, because a corporation cannot represent itself in this court. The order warned that failing to appear could lead to a default, and that the individual defendants could face sanctions, including a default judgment, if they failed to follow court orders and deadlines.
Judge Stewart D. Aaron ordered the parties to follow additional deadlines for any new motion to dismiss, opposition, and reply, and directed the clerk to terminate the withdrawn motion. The order did not decide the claims’ merits.
The detailed version
- Bloise v. Q4 Generational Wealth, Inc. · No. 1:22-cv-10488
- Stewart Aaron
- May 23, 2023
Background
After a telephone conference with the parties, the court entered an order concerning the defendants’ participation and upcoming filings. The opinion does not state the reasons given during the conference.
Court’s Orders
Melanie Burgos and Jahee Bridgewater, identified collectively as the individual defendants, agreed to withdraw their motion to dismiss, filed as ECF No. 21. The court required them, by June 13, 2023, to answer the complaint or file another motion responding to it.
The court required Q4 Generational Wealth, Inc. to appear through counsel by June 21, 2023. It explained that a corporation cannot proceed without a lawyer in federal court and warned that failure to appear could result in entry of default. The court also stated that the individual defendants could proceed without lawyers, but they still had to comply with court orders and deadlines; failure to do so could result in sanctions, including entry of a default judgment.
If Q4 Generational Wealth, Inc. failed to appear through counsel, the plaintiff had to seek a certificate of default by June 28, 2023. If the individual defendants filed a motion to dismiss instead of an answer, the plaintiff’s opposition was due July 5, 2023, and any reply from the individual defendants was due July 19, 2023.
Disposition
The court ordered the individual defendants’ withdrawal of their motion to dismiss and directed the clerk to terminate the motion’s docket entry. It did not rule on the merits of the complaint or any motion to dismiss. The order was signed by Stewart D. Aaron, United States Magistrate Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.