Alston v. 3100 MP Parking Inc.
- Rearden
- 1:23-cv-06289
- U.S. District Court · Southern District of New York
- 2
Alston v. 3100 MP Parking: Judge Rearden denied the corporation’s request and required it to obtain a licensed attorney within 30 days.
3100 MP Parking Inc., which was required to obtain a licensed attorney to appear in the case within 30 days after service of the order.
What happened
In Alston v. 3100 MP Parking Inc., the defendant missed its deadline to respond to the complaint, and the clerk entered a certificate of default. The defendant’s chief operating officer then filed a letter without a lawyer that purported to answer the complaint and vacate the default judgment.
The court denied the request because a corporation cannot represent itself in federal court. It must appear through a licensed attorney. The court gave the defendant 30 days after receiving the order to obtain a lawyer.
Judge Jennifer H. Rearden said that failing to obtain counsel may provide grounds for entering a default judgment. The order did not decide the underlying claims.
The detailed version
- Alston v. 3100 MP Parking Inc. · No. 1:23-cv-06289
- Rearden
- Sept. 15, 2023
Background
The plaintiffs sued 3100 MP Parking Inc. The defendant was served with the summons and complaint on July 27, 2023, and its response was due August 17, 2023. After that deadline passed, the Clerk of Court entered a Certificate of Default on September 1, 2023.
On September 12, 2023, the defendant’s Chief Operating Officer, Curity Jeffry, filed a letter without a lawyer. The letter purported to be an answer and a request to vacate the default judgment.
Ruling
The court denied the defendant’s request. It explained that a corporation is an artificial entity that may appear in federal court only through a licensed attorney; it may not represent itself without counsel. Because the request was filed on the corporation’s behalf by a person proceeding without a lawyer, the court treated it as a legal nullity.
The court ordered the defendant to obtain representation through a licensed attorney within 30 days after service of the order. It stated that failing to do so may constitute grounds for entry of a default judgment under Federal Rule of Civil Procedure 55. The Clerk of Court was directed to mail the order to the defendant.
Effect of the Order
The order addressed the defendant’s ability to appear and respond through counsel. It did not decide the underlying claims or enter a default judgment in the text provided.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.