District Court, S.D. New York, 2024

Content IQ, LLC

Content IQ, LLC
District Court, S.D. New York · Decided April 4, 2024
Content IQ, LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CONTENT IQ, LLC, Plaintiff, -against- 22-CV-7891 (JGLC) EARTH.COM, INC., ORDER Defendant.

JESSICA G. L. CLARKE, United States District Judge: On January 8, 2024, the Court granted attorney Jason Mischel’s motion to withdraw as counsel for Defendant Earth.com, Inc. See ECF No. 36. The stay of this action, to allow Defendant to find new counsel, expired on March 22, 2024. See ECF No. 45. The deadline passed and new counsel has not appeared on behalf of Defendant. A corporate entity, however, may appear in federal court only through counsel. See Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983) (“[I]t is established that a corporation, which is an artificial entity that can only act through agents, cannot proceed pro se.”).

Accordingly, IT IS HEREBY ORDERED that Plaintiff shall file a motion for default judgment in accordance with the Court’s Individual Rules and Local Rule 55 no later than April 19, 2024. Failure to timely file a motion for default judgment may result in dismissal for failure to prosecute.

Dated: April 4, 2024 New York, New York SO ORDERED.

Oo) Anca (har Ke iach AS —___ JESSICA G. L. CLARKE United States District Judge

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