Celebrity Fund Management, LLC v. Humans, Inc., doing business as Flipfit
Celebrity Fund Management, LLC v. Humans, Inc., doing business as Flipfit
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CELEBRITY FUND MANAGEMENT, LLC Plaintiff, -against- 1:24-CV-05282 (JGLC) HUMANS, INC., doing business as Flipfit, ORDER Defendant.
JESSICA G. L. CLARKE, United States District Judge: A corporate entity 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.”). If counsel fails to appear on behalf of Defendant Humans Inc. doing business as Flipfit (“Flip”), default judgment may be entered against it. See, e.g., Grace v. Bank Leumi Tr. Co. of N.Y.,
443 F.3d 180, 192(2d Cir. 2006). Pursuant to an Order, Defendant Flip was ordered to retain new counsel and enter an appearance by October 31, 2021. ECF 52. Defendant Flip failed to do so and now must retain counsel no later than December 1, 2025. Defendant’s counsel must file a notice of appearance on the docket no later than December 1, 2025. If no counsel for Defendant appears by that deadline, Plaintiff shall file a motion for default judgment with respect to Defendant Flip in accordance with the Court’s Individual Rules
and Local Rule 55 no later than December 15, 2025. Failure to timely file a motion for default judgment will result in dismissal of this action as to Defendant Flip for failure to prosecute. Plaintiff is directed to serve a copy of this Order on Defendant by November 13, 2025, and file proof of service by November 17, 2025.
Dated: November 6, 2025 New York, New York SO ORDERED. Cr Aouca Clarke f J JESSICA G. L. CLARKE United States District Judge
Reference
- Status
- Unknown