Christopher Creagh v. Espiritus LLC and Jay S. Maltby

UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC #: -------------------------------------------------------------- X DATE FILED: 12/1/2 025 CHRISTOPHER CREAGH, : : Plaintiff, : 25-CV-5459 (VEC) -against- : : ORDER ESPIRITUS LLC and JAY S. MALTBY, : : Defendants. : -------------------------------------------------------------- X VALERIE CAPRONI, United States District Judge: WHEREAS Plaintiff filed an Amended Complaint alleging Defendant Espiritus LLC is a limited liability company and Defendant Jay S. Maltby is its sole member, Dkt. 7; WHEREAS Defendant Maltby filed, pro se, a Motion to Dismiss for lack of subject matter jurisdiction on behalf of both Defendants, alleging that the amount in controversy requirement was not satisfied, Dkts. 11-13; WHEREAS Plaintiff opposed Defendants’ Motion to Dismiss, alleging that the amount in controversy was satisfied, Dkt. 14; WHEREAS a limited liability company may appear in federal court only through a licensed attorney, see Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007) (interpreting 28 U.S.C. § 1654); WHEREAS this Court ordered Defendant Espiritus LLC to either retain counsel or show cause why default judgment should not be entered against it; and WHEREAS counsel has now appeared for Defendant Espiritus LLC.

IT IS HEREBY ORDERED that no later than Monday, December 8, 2025, Plaintiff must file an affidavit attesting to the amount of attorneys’ fees accrued at the time of the filing of the Complaint, Dkt. 1, on July 1, 2025. Plaintiff should include—in this affidavit or an exhibit— the date, timekeeper, description of the task, time spent, hourly rate, and fee extended for each relevant billing entry.

SO ORDERED. Vode or Date: December 1, 2025 VALERIE CAPRONI New York, New York United States District Judge