Serene Investment Management, LLC v. Lippmann
- Clarke
- 1:23-cv-04061
- U.S. District Court · Southern District of New York
- 1
In Serene Investment Management v. Lippmann, Judge Clarke stayed the case for 60 days so the corporate defendant could obtain counsel and respond.
The order directly affects Lippmann Enterprises, L.L.C., which must obtain counsel to defend the action, and Serene Investment Management, LLC, which may seek a default after the 60-day period if no counsel appears. The action itself was stayed for 60 days.
What happened
Serene Investment Management, LLC sued Deborah Lippmann, Jude R. Severin, and Lippmann Enterprises, L.L.C. The court had ordered the defendants to respond to the complaint or request more time, but the company had done neither by July 26, 2023, and no lawyer had appeared for it.
The court explained that a company must be represented by a lawyer in federal court. It gave Lippmann Enterprises 60 days to obtain counsel and respond to the complaint.
Judge Jessica G. L. Clarke stayed the action for 60 days and directed the plaintiff’s lawyers to serve the order on Lippmann Enterprises by July 31, 2023, with proof of service. The plaintiff may later ask for a default judgment if no lawyer appears for the company, but the court did not enter a default judgment in this order.
The detailed version
- Serene Investment Management, LLC v. Lippmann · No. 1:23-cv-04061
- Clarke
- July 27, 2023
Background
On July 10, 2023, the court ordered the defendants to respond to Serene Investment Management, LLC’s complaint by July 14, 2023, or request an extension. As of July 26, 2023, Lippmann Enterprises, L.L.C. had not responded and had not requested an extension. The opinion states that no counsel had appeared for the company.
Court’s Action
The court stated that a corporation or limited liability company must be represented by counsel in federal court. It stayed the action for 60 days to allow Lippmann Enterprises to obtain counsel and have counsel respond to the complaint.
Further Proceedings
The court warned that if no new counsel appeared for Lippmann Enterprises by the end of the 60-day period, Serene Investment Management could file a motion for default for failure to defend under Federal Rule of Civil Procedure 55. The court also directed Serene Investment Management’s counsel to serve the order on Lippmann Enterprises by July 31, 2023, and file proof of service. Judge Jessica G. L. Clarke did not enter a default judgment in this order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.