Z Payments Solution Corp. v. FISERV, Inc.
- Lorna Schofield
- 1:23-cv-03702
- U.S. District Court · Southern District of New York
- 2
In Z Payments Solution Corp. v. FISERV, Judge Schofield ordered counsel to appear or explain efforts by June 9, warning that noncompliance would lead to dismissal.
Z Payments Solution Corp. was required to obtain licensed counsel or explain its efforts to do so; the case was subject to dismissal if it failed to comply.
What happened
Z Payments Solution Corp. v. FISERV, Inc. concerns a corporation that had no lawyer in the federal case after it was moved from state court.
The court had previously ordered the corporation to have a lawyer appear or explain its efforts to hire one. No lawyer appeared, and the corporation did not submit the required explanation by the earlier deadline.
Judge Lorna G. Schofield ordered the corporation to have a lawyer appear or file a letter describing its efforts to hire one by June 9, 2023. The order warned that failing to comply would result in dismissal for failure to prosecute.
The detailed version
- Z Payments Solution Corp. v. FISERV, Inc. · No. 1:23-cv-03702
- Lorna Schofield
- May 30, 2023
Background
Z Payments Solution Corp. had been without a lawyer since the case was removed from state court on May 2, 2023. The court explained that a corporation, as an artificial entity, may appear in federal court only through a licensed attorney and may not represent itself without counsel.
In a May 19, 2023, order, the court directed Z Payments Solution Corp. either to have counsel appear by May 26 or to file a letter describing its efforts to promptly retain counsel. The order states that no counsel appeared and that the corporation did not explain its efforts to retain counsel.
Order
The court ordered that, by June 9, 2023, counsel for Z Payments Solution Corp. must appear, or the corporation must file a letter describing its efforts to promptly retain counsel. The court warned that failure to comply would result in dismissal of the case for failure to prosecute. This order did not itself dismiss the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.