Off-White LLC v. alwayn

District Court, S.D. New York

Off-White LLC v. alwayn

Trial Court Opinion

UNITED STATES DISTRICT COURT USDC-SDNY SOUTHERN DISTRICT OF NEW YORK DOCUMENT ELECTRONICALLY FILED DOC#: OFF-WHITE LLC, DATE FILED: 3-25-21 Plaintiff, 20-CV-9772 (RA) v. ORDER ALWAYN, et al., Defendants. RONNIE ABRAMS, United States District Judge: On March 23, 2021, Yao Hao Ming filed a motion to dismiss this action on behalf of Defendants Boys & Men, Limelight, Lady Story, Luxe&lure, Minx, PALA, and Pink Lady. See Dkt. 29. Mr. Ming appears to be proceeding without a lawyer. As the Court informed Mr. Ming in its February 4, 2021 order, however, the Defendants in this action cannot proceed without a lawyer because “it is settled law that a corporation may not appear in a lawsuit against it except through an attorney.” Grace v. Bank Leumi Tr. Co. of N.Y.,

443 F.3d 180, 192

(2d Cir. 2006). Accordingly, the Court will grant Defendants Boys & Men, Limelight, Lady Story, Luxe&lure, Minx, PALA, and Pink Lady a thirty day extension to retain a lawyer and refile their motion to dismiss, should they wish to do so. If Defendants do not comply with this order, the Court may grant default judgment against them. See

id.

(“Where a corporation repeatedly fails to appear by counsel, a default judgment may be entered against it.”). Plaintiff is respectfully directed to serve a copy of this order on Defendants Boys & Men, Limelight, Lady Story, Luxe&lure, Minx, PALA, and Pink Lady. Plaintiff may do so using the alternative service methods previously approved by the Court in this case. See Dkt. 16 (authorizing service via email). The Clerk of Court is respectfully directed to terminate the motion pending at docket entry 29. SO ORDERED. Dated: March 25, 2021 Yi] New York, New York ( f ———————_, RONNIE ABRAMS United States District Judge

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