Recoop LLC v. Outliers Inc. d/b/a Thesis Nootropics Inc.

Filing 74

ORDER: Ms. Alt may represent herself in this matter as an individual named defendant of Outliers counterclaim, but she may not represent Recoop LLC as a plaintiff. If the Court permits the withdrawal of Plaintiffs counsel, and no other counsel ti mely files a notice of appearance for Plaintiff, Plaintiff will be at risk of default. The Court orders a hearing on the motion of Plaintiffs counsel to withdraw for October 30 at 10:30 a.m. in Courtroom 15C at the 500 Pearl Street Courthouse. Ms. Alt is ordered to appear at that time, as are counsel for both Plaintiff and Defense. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/24/2024) Set Deadlines/Hearing as to ( Motion Hearing set for 10/30/2024 at 10:30 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------------- X
:
RECOOP LLC,
:
:
Plaintiff,
:
:
-v:
:
OUTLIERS INC. d/b/a THESIS
:
NOOTROPICS INC.,
:
:
Defendants.
:
:
---------------------------------------------------------------------- :
:
OUTLIERS INC. d/b/a THESIS
:
NOOTROPICS INC. and DANIEL
:
FREED,
:
Counterclaim and
:
Third Party Plaintiffs.
:
:
-v:
:
RECOOP LLC and ANASTASIA ALT,
:
:
Counterclaim and
:
Third Party Defendants.
:
:
:
:
---------------------------------------------------------------------- X

10/24/2024

24-cv-01810 (LJL)
ORDER

LEWIS J. LIMAN, United States District Judge:
Counsel for Plaintiff has filed an amended motion to withdraw pursuant to Local Rule
1.4. Dkt. No. 70, noting that they are, in fact, asserting a charging lien. Plaintiff’s owner,
Anastasia Alt, has filed a notice of pro se appearance, Dkt. No. 72, and has filed a letter with the
Court requesting that the Court deny Bochner LLP’s motion to withdraw, or in the alternative,
grant a 180-day stay of proceedings to allow Plaintiff to resolve this dispute and secure new
counsel. Dkt. No. 73.
Recoop LLC is a corporate entity. Dkt. No. 7. Corporations may not appear in court
without an attorney. Rowland v. Cal. Men's Colony, Unit II Men's Advisory Council, 506 U.S.
194, 202–03 (1993) (noting that courts do not allow corporations, partnerships, associations, and
other “artificial entities” to appear in court without an attorney). “[S]hareholders and members of

limited liability companies—even sole shareholders and sole members—do not have standing to
sue for wrongs to the corporate entity.” RIGroup LLC v. Trefonisco Mgmt. Ltd., 949 F. Supp. 2d
546, 552 (S.D.N.Y. 2013), aff'd, 559 F. App'x 58 (2d Cir. 2014).
Ms. Alt may represent herself in this matter as an individual named defendant of
Outliers’ counterclaim, but she may not represent Recoop LLC as a plaintiff. If the Court permits
the withdrawal of Plaintiff’s counsel, and no other counsel timely files a notice of appearance for
Plaintiff, Plaintiff will be at risk of default.
The Court orders a hearing on the motion of Plaintiff’s counsel to withdraw for October
30 at 10:30 a.m. in Courtroom 15C at the 500 Pearl Street Courthouse. Ms. Alt is ordered to
appear at that time, as are counsel for both Plaintiff and Defense.
SO ORDERED.
Dated: October 24, 2024
New York, New York

__________________________________
LEWIS J. LIMAN
United States District Judge

2