Xie v. Cityspade Inc.
- Vyskocil
- 1:19-cv-05005-MKV
- U.S. District Court · Southern District of New York
- 2
In Xie v. Cityspade, Judge Vyskocil ordered the defendants to obtain counsel by November 3 and warned that noncompliance could lead to default.
The order directly affects Cityspade Inc. and Cityspade Moving and Delivery LLC, which were required to appear through licensed counsel, as well as the plaintiffs, who were required to serve the order and could not move for summary judgment until the representation issue was resolved.
What happened
Xie v. Cityspade Inc. concerns the defendants’ lack of replacement counsel after the Court allowed their defense lawyer, Stephen Mullkoff, to withdraw. The Court said Mr. Mullkoff did not send the required order to the defendants or provide their last known address, and the defendants did not obtain new counsel or notify the Court that they would proceed without lawyers.
The Court explained that corporations and limited liability companies cannot represent themselves in federal court. It ordered counsel to appear for Cityspade Inc. and Cityspade Moving and Delivery LLC by November 3, 2023, and warned that those entities could be held in default if counsel did not appear. The plaintiffs also had to serve the order on the defendants and file proof of service by October 16, 2023. The plaintiffs could not seek summary judgment until the representation issue was resolved.
Judge Mary Kay Vyskocil issued the order on October 10, 2023. She warned that failing to comply could result in sanctions, including blocking claims or defenses, monetary penalties, or dismissal of the action.
The detailed version
- Xie v. Cityspade Inc. · No. 1:19-cv-05005-MKV
- Vyskocil
- Oct. 10, 2023
Background
On August 9, 2023, the Court granted Stephen Mullkoff’s motion to withdraw as defense counsel. That earlier order required Mr. Mullkoff to send a copy of the order to the defendants and file a letter confirming that he had done so and providing the defendants’ last known address. According to this order, he did neither.
The August 9 order also required the defendants to retain new counsel or file letters about the status of their representation by August 31, 2023. No new counsel had appeared, and the defendants had not filed a letter stating that they intended to proceed without lawyers.
Court’s Directives
The Court stated that corporations and limited liability companies cannot appear without a licensed attorney in federal court. It therefore ordered counsel to appear for Cityspade Inc. and Cityspade Moving and Delivery LLC by November 3, 2023. The Court warned that those entities could be held in default if counsel did not appear by that date.
The Court also directed the plaintiffs to serve a copy of the order on the defendants and file proof of service on the docket by October 16, 2023. The plaintiffs could not move for summary judgment until the representation issue was resolved.
Potential Consequences
The Court warned that failure to comply with the order could lead to sanctions, including preclusion of claims or defenses, monetary penalties, and dismissal of the action. This order addressed representation and compliance requirements; the opinion did not decide the underlying claims.
Disposition
Judge Mary Kay Vyskocil ordered the specified defendants to obtain counsel by the stated deadline and imposed the service and filing requirements described above. The order did not state that default or any listed sanction had already been entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.