Albany Patroons, Inc. v. Demperio Sports & Entertainment, LLC

Filing 3

ORDER STAYING CASE: Respondent is advised that this matter may not proceed without the appearance of counsel. In order to provide Respondent time to obtain counsel, all proceedings in this matter are stayed for 30 days. Should counsel for Respondent not enter an appearance within that time period the Clerk is directed to close the case. The Clerk shall serve a copy of this Order on Respondent. Signed by Magistrate Judge Daniel J. Stewart on 4/13/2021. {Copy served upon pro se respondent via certified and regular mail}(pjh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
ALBANY PATROONS, INC.,
Petitioner,
v.

1:21-MC-18
(LEK/DJS)

DEMPERIO SPORTS & ENTERTAINMENT, LLC,
Respondent.

DANIEL J. STEWART
United States Magistrate Judge
ORDER
This matter was commenced by Demperio Sports and Entertainment, LLC. Dkt. No. 1.
The caption used in the filing appears to mirror that of an underlying proceeding in the United
States Patent and Trademark Office. Id. at p. 12. Respondent seeks to quash a deposition
subpoena issued by Albany Patroons, Inc. in that underlying proceeding. Id. at pp. 12-13. This
action was commenced by Derek Demperio who seeks to appear pro se on behalf of Respondent.
See id. at p. 5.
It appears that Demperio Sports is a limited liability company which “may appear in
federal court only through a licensed attorney.” Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir.
2007); see also City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114, 132 (2d Cir. 2011)
(“a limited liability company . . . cannot appear except through counsel.”). No counsel has
appeared for Respondent. Respondent is advised that this matter may not proceed without the
appearance of counsel. In order to provide Respondent time to obtain counsel, all proceedings

in this matter are stayed for 30 days. Should counsel for Respondent not enter an appearance
within that time period the Clerk is directed to close the case.
The Clerk shall serve a copy of this Order on Respondent.
IT IS SO ORDERED.
Date: April 13, 2021
Albany, New York

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