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Allen v. Don Diva Mag-Ent

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Jul 27, 2016
15-CV-6331 (WFK)(CLP) (E.D.N.Y. Jul. 27, 2016)

Opinion

15-CV-6331 (WFK)(CLP)

07-27-2016

RUSSELL ALLEN, Plaintiff, v. DON DIVA MAG-ENT, Defendant.


MEMORANDUM AND ORDER

WILLIAM F. KUNTZ, II, United States District Judge :

On December 14, 2015, this Court issued a memorandum and order, finding the Court lacked subject matter jurisdiction over the action and granting the plaintiff 30 days to file an amended complaint. ECF No. 7. The plaintiff filed an amended complaint on December 28, 2015, and on June 14, 2016, Defendant Don Diva Magazine filed a letter through its editor-in-chief, Tiffany Chiles. ECF Nos. 8, 16.

The Court notes that Defendant Don Diva Magazine, as a corporate defendant, cannot proceed pro se in federal court. Eagle Associates v. Bank of Montreal, 926 F.2d 1305, 1308 (2d Cir. 1991); see also Osborn v. Bank of U.S., 22 U.S. 738, 830 (1824) ("A corporation, it is true, can appear only by attorney, while a natural person may appear for himself."); 28 U.S.C. § 1654 ("In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein."); Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983) (discussing the rationale for requiring corporations, as "artificial" entities, to appear only through counsel); Shapiro, Bernstein & Co. v. Cont'l Record Co., 386 F.2d 426, 427 (2d Cir. 1967) (per curiam) (stating that "it is settled law that a corporation cannot appear other than by its attorney").

Accordingly, IT IS HEREBY ORDERED that Defendant Don Diva Magazine find legal representation within 90 days from the entry of this Order.

SO ORDERED.

s/ WFK

William F. Kuntz, II

United States District Judge Dated: Brooklyn, New York

July 27, 2016


Summaries of

Allen v. Don Diva Mag-Ent

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Jul 27, 2016
15-CV-6331 (WFK)(CLP) (E.D.N.Y. Jul. 27, 2016)
Case details for

Allen v. Don Diva Mag-Ent

Case Details

Full title:RUSSELL ALLEN, Plaintiff, v. DON DIVA MAG-ENT, Defendant.

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Date published: Jul 27, 2016

Citations

15-CV-6331 (WFK)(CLP) (E.D.N.Y. Jul. 27, 2016)