Jorge v Aracena et al

Filing 8

ORDER, By November 16, 2023, Mr. Goldman shall enter an appearance for Plaintiff from his own ECF account. If Mr. Reiss wishes to also enter an appearance for Plaintiff, he may also do so from his own ECF account. Thereafter, counsel of record for Plaintiff may file a demand for a jury trial. By November 15, 2023, Defendants' counsel shall serve a copy of this Order on Mr. Goldman and file proof of service on the docket. Mr. Goldman and Mr. Reiss are advised to familiarize themselves with this Court's rules and filing procedures. The Clerk of Court is respectfully directed to strike ECF Nos. 3-6 and to terminate Mr. Reiss as counsel. SO ORDERED. (Attorney Noah Seth Reiss terminated.) (Signed by Magistrate Judge Sarah L. Cave on 11/14/23) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SHERLIN JORGE,
Plaintiff,
CIVIL ACTION NO. 23 Civ. 8573 (JHR) (SLC)

-vJAIME ARACENA and URS MIDWEST INC. d/b/a
URS AUTO,

ORDER

Defendants.
SARAH L. CAVE, United States Magistrate Judge.
The docket sheet in this case does not accurately reflect the counsel for the parties due
to filing errors by Plaintiff’s counsel. Counsel Timothy Jenks represents Defendants Jaime
Aracena and URS Midwest Inc. d/b/a URS Auto in this action (ECF No. 2 at 2 (listing Mr. Jenks as
counsel for Defendants in the Civil Cover Sheet); see ECF Nos. 1–2 (filings by Mr. Jenks on behalf
of Defendants)), and his appearance has been recorded correctly.
While it appears that counsel Eric Goldman has attempted to enter an appearance on
behalf of Plaintiff Sherlin Jorge, he has not succeeded in doing so. On November 6, 2023, attorney
Noah Reiss filed a notice of appearance signed by Mr. Goldman. (ECF No. 3). Attorneys practicing
in this Court must enter appearances from their own ECF accounts, and thus the notice of
appearance was improperly filed.

(ECF Rules & Instructions, Section 20, available at

nysd.uscourts.gov/sites/default/files/pdf/ecf_rules/ECF%20Rules%2020230724%20FINAL.pdf
(“an attorney may use his or her ECF account to electronically file a Notice of Appearance on his
or her own behalf but not on behalf of another attorney”) (last visited November 14, 2023)).
Further, the docket text Mr. Reiss entered to accompany the deficient filing indicated that

Mr. Reiss was appearing for Defendant Jaime Aracena, rather than the Plaintiff. (Id.) On the
same day, Mr. Reiss filed a demand for a jury trial signed by Mr. Goldman on behalf of Defendant
Jaime Aracena, whom neither he nor Mr. Goldman represent.

(ECF No. 4).

On

November 7, 2023, the following day, Mr. Reiss filed another notice of appearance and demand
for a jury trial signed by Mr. Goldman (ECF Nos. 5–6), which, although this time indicating in the
docket text that they were filed on behalf of Plaintiff, are deficient for the same reasons; namely,
that Mr. Reiss cannot enter an appearance for another attorney, and Mr. Reiss has not himself
appeared in the action. These mistaken filings have led to Mr. Reiss—not Mr. Goldman—being
listed as counsel for Defendant Jaime Aracena and for “All Plaintiffs,” but not as counsel for
Plaintiff. These four filings (ECF Nos. 3–6) are deficient and are STRICKEN.
By November 16, 2023, Mr. Goldman shall enter an appearance for Plaintiff from his own
ECF account. If Mr. Reiss wishes to also enter an appearance for Plaintiff, he may also do so from
his own ECF account. Thereafter, counsel of record for Plaintiff may file a demand for a jury trial.
By November 15, 2023, Defendants’ counsel shall serve a copy of this Order on Mr. Goldman and
file proof of service on the docket. Mr. Goldman and Mr. Reiss are advised to familiarize
themselves with this Court’s rules and filing procedures.
The Clerk of Court is respectfully directed to strike ECF Nos. 3–6 and to terminate
Mr. Reiss as counsel.

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Dated:

New York, New York
November 14, 2023
SO ORDERED.

_________________________
SARAH L. CAVE
United States Magistrate Judge

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