Truway Health, Inc. v. Texas Woman's University

Filing 30

ORDER: As the Court has previously stated, corporations, nonprofit organizations, and other artificial entities cannot proceed pro se. Rowland, 506 U.S. at 202 (noting that "lower courts have uniformly held that 28 U.S.C. § 1654, providing that "parties may plead and conduct their own cases personally or by counsel," does not allow corporations, partnerships, or associations to appear in federal court otherwise than through a licensed attorney") ( citation omitted); see also Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983) (noting that "it is established that a corporation, which is an artificial entity that can only act through agents, cannot proceed pro se"). Thus, the claims brought on behalf of Truway are dismissed, without prejudice to Truway's right to bring a new, counseled action. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/22/2024) (sgz)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
TRUWAY HEALTH, INC.,
-v-

Plaintiff,

24 Civ. 8218 (PAE)
ORDER

TEXAS WOMAN'S UNIVERSITY,
Defendant.

PAUL A. ENGELMAYER, District Judge:
Plaintiff Truway Health, Inc. ("Truway") brings this diversity breach of contract action
against defendant Texas Woman's University ("TWU") pro se. 1 Because, as this Conrt has now
repeatedly warned, see Dkts. 12, 16, 28, neither Truway nor TWU can proceed prose, the Court
dismisses the action without prejudice to Truway's right to bring a new, counseled action.
DISCUSSION

On October 28, 2024, plaintiff filed the Complaint. Dkt. 1. Upon realizing that Truway,
a corporate entity, was attempting to proceed prose, the Court, on November 6, 2024, cautioned
the parties:
Under the Federal Rules of Civil Procedure, corporate entities such as Truway
Health, Inc. and Texas Woman's University may appear in conrt only through
representation by an attorney. A corporate entity may not appear "prose," without
representation. Accordingly, if either party wishes to be heard in regard to this
action, it must appear by counsel by November 20, 2024. Failure to appear may
result in dismissal, without prejudice, for that reason alone.
Dkt. 12. That same day, Truway requested the Court's permission to proceed prose, Dkt. 16,
which the Court denied, explaining:
1 Gavin Solomon, who is not listed in the action as a plaintiff, signed the Complaint.

28 U.S.C. allows a person to represent himself in court. While "some courts allow
sole proprietorships to proceed pro se [because] a sole proprietorship has no legal
existence apait from its owner," Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir.
2007) (citation omitted), courts generally do not allow corporations, paitnerships,
associations, and other "aitificial entities" to appear in court without an attorney,
Rowland v. Cal. Mens Colony, Unit II Men's Advisory Council, 506 U.S. 194,
202-03 (1993). Plaintiff is incorporated under the laws of Florida and maintains
its principal place of business in New York. See Dkt. 9. Plaintiff must therefore
secure counsel to proceed in this matter.
Dkt. 16. On November 8, 2024, Truway moved for reconsideration of the Court's denial to
proceed prose, Dkt. 19, which the Court denied, advising Truway of the available options to
secure pro bono counsel, Dkt. 28.
As the Court has previously stated, corporations, nonprofit organizations, and other
aitificial entities cannot proceed prose. Rowland, 506 U.S. at 202 (noting that "lower comts
have uniformly held that 28 U.S.C. § 1654, providing that "parties may plead and conduct their
own cases personally or by counsel," does not allow corporations, partnerships, or associations to
appear in federal court otherwise than through a licensed attorney") (citation omitted); see also

Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983) (noting that "it is
established that a corporation, which is an artificial entity that can only act through agents,
cannot proceed pro se"). Thus, the claims brought on behalf of Truway are dismissed, without
prejudice to Truway's right to bring a new, counseled action.

SO ORDERED.

PAUL A. ENGELMAYER
United States District Judge

Dated: November 22, 2024
New York, New York

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