The People of the State of New York v. Arm or Ally, LLC
- Jesse Furman
- 1:22-cv-06124
- U.S. District Court · Southern District of New York
- 4
State of New York v. Arm or Ally, LLC: Judge Furman denied Indie Guns’s request for 60 more days to find a lawyer.
Indie Guns, LLC and Lawrence Destefano were denied additional time to obtain counsel; the State of New York’s deadline and the scheduled hearing remained in effect.
What happened
In State of New York v. Arm or Ally, LLC, the State asked the court to enter a default judgment against Indie Guns, LLC. Indie Guns’s owner and principal, Lawrence Destefano, asked for 60 more days to secure a lawyer.
The court said a company may appear in federal court only through a licensed lawyer. It also said Indie Guns had repeatedly been warned of that requirement and had had substantial time to find new counsel after its previous lawyer withdrew.
Judge Jesse M. Furman denied Destefano’s request for an extension. The deadline for responding to the default-judgment motion and the March 4, 2024, hearing therefore remained in effect, and Indie Guns could participate in that hearing only through a lawyer admitted to practice in the court.
The detailed version
- The People of the State of New York v. Arm or Ally, LLC · No. 1:22-cv-06124
- Jesse Furman
- Feb. 26, 2024
Background
The State of New York moved for default judgment against Defendant Indie Guns, LLC. The court set February 26, 2024, as the deadline for Indie Guns to respond and scheduled a March 4, 2024, hearing at which Indie Guns would be required to show why default judgment should not be entered. The State served the relevant papers on Indie Guns through its owner and principal, Lawrence Destefano.
One business day before the response deadline, Destefano emailed the court asking for an additional 60 days to secure counsel. The order states that Indie Guns’s previous counsel had been allowed to withdraw on March 6, 2023, and that the court had repeatedly reminded Indie Guns that it could appear only through counsel and that default judgment could be entered if it remained without counsel.
Analysis
The court denied the request for two independent reasons. First, it held that Destefano’s request was invalid because a corporate entity may appear in federal court only through a licensed attorney. The court also stated that Destefano, as a non-lawyer, could not contact the court directly. Because the request was not made through counsel, the court treated it as a nullity and denied it.
Second, the court said that, even if it considered the request, it would deny it on the merits. The court found that Indie Guns had been given ample time to obtain a lawyer, had known of the State’s motion since at least February 5, 2024, and had repeatedly been warned that it could not participate without counsel.
Ruling and Consequences
Judge Jesse M. Furman denied Destefano’s request for an extension. The February 26 response deadline and the March 4 show-cause hearing remained in effect. The court further ordered that Indie Guns could appear at the hearing only through counsel admitted to practice in that court. Speaking counsel were required to provide requested identifying and telephone information to the court in advance; other counsel and members of the public could listen through the court’s designated conference line. The State was ordered to serve the order on Indie Guns and file proof of service by February 27, 2024.
This order ruled on the request for more time; it did not state that the court had entered or denied the requested default judgment.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.