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S.D.N.Y.Procedural orderFiled July 20, 2023

Regions Bank v. Immediate Transport Systems Inc.

Judge
Naomi Buchwald
Docket
1:23-cv-01597
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Ascentium Capital v. Immediate Transport Systems, Judge Buchwald ordered the corporation to retain counsel within 30 days or face default judgment.

Who this affects

Immediate Transport Systems Inc. was required to retain new counsel within 30 days and faced entry of a default judgment if it failed to do so. The defendants’ prior counsel was directed to serve the order.

What happened

In Ascentium Capital LLC v. Immediate Transport Systems Inc. and Ivelisse Caraballo, the defendants’ law firm asked to withdraw, and no party objected. The court had granted that request on July 6, 2023.

The court explained that a corporation cannot represent itself and must have a lawyer. It gave Immediate Transport Systems Inc. 30 days to retain new counsel.

Judge Naomi Reice Buchwald ordered that failing to retain counsel would result in a default judgment against the corporate defendant. She also directed the former lawyers to serve the defendants with the order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Regions Bank v. Immediate Transport Systems Inc. · No. 1:23-cv-01597
Judge
Naomi Buchwald
Date
July 20, 2023

Background

Dunnington, Bartholow & Miller LLP filed a motion to withdraw as counsel for the defendants. No party objected, and the court granted the application on July 6, 2023.

Court’s Action

The court stated that corporate parties may not proceed without a lawyer and must be represented by counsel. It ordered corporate defendant Immediate Transport Systems Inc. to retain new counsel within 30 days. The order states that failure to do so will result in entry of a default judgment against “Immediate Transport Inc.”

The court also directed the defendants’ prior counsel to serve them with the order. The order states that a copy was mailed to the defendants.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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