Allen v. Don Diva Mag - Ent

Filing 17

MEMORANDUM AND ORDER: Accordingly, IT IS HEREBY ORDERED that Defendant Don Diva Magazine find legal representation within 90 days from the entry of this Order. Ordered by Judge William F. Kuntz, II on 7/27/2016. (Rodriguez, Lori)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

RUSSELL ALLEN,
Plaintiff,

MEMORANDUM
AND ORDER
15-CV-6331 (WFK)(CLP)

v.
DON DIV A MAG-ENT,
Defendant.

~~------------~------------~--------~~~~-----x

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-inchief, Tiffany Chiles. ECF Nos. 8, 16.
The Court notes that Defendant Don Diva Magazine, as a corporate defendant, cannot
proceed prose in federal court. Eagle Associates v. Bank ofMontreal, 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'! Record Co., 386 F.2d 426, 427 (2d Cir. 1967) (per

1

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
illiam F. Kuntz
United States Distr'

Dated: Brooklyn, New York
July 27, 2016

2