Opinion
21-CV-2430 (CM)
03-25-2021
PATRICIA STEADMAN; PATRICIA STEADMAN LTD., Plaintiffs, v. CITIGROUP GLOBAL MARKETS HOLDINGS, INC., Defendant.
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION :
Plaintiff Patricia Steadman brings this action pro se on behalf of herself and her company, Patricia Steadman Ltd. To proceed with a civil action in this Court, a plaintiff must either pay $402.00 in fees - a $350.00 filing fee plus a $52.00 administrative fee - or, to request authorization to proceed without prepayment of fees, submit a signed in forma pauperis ("IFP") application. See 28 U.S.C. §§ 1914, 1915.
Plaintiff Patricia Steadman Ltd. can proceed in this action only if represented by counsel. See Lattanzio v. COMTA, 481 F.3d 137, 139 (2d Cir. 2007) (quoting Eagle Assocs. v. Bank of Montreal, 926 F.2d 1305, 1308 (2d Cir. 1991)). "[S]ome courts allow sole proprietorships to proceed pro se [because] a sole proprietorship has no legal existence apart from its owner." Id. at 140. But other artificial entities, including limited liability companies s and partnerships, cannot appear in federal court without an attorney. See id. ("Because both a partnership and a corporation must appear through licensed counsel, and because a limited liability company is a hybrid of the partnership and corporate forms, a limited liability company also may appear in federal court only through a licensed attorney.") (internal citation omitted); see also Rowland v. Cal. Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 202-03 (1993) (noting that courts do not allow corporations, partnerships, associations, and other "artificial entities" to appear in court without an attorney)[are there any cites particular to Ltd.'s?]. --------
Plaintiff submitted the complaint without the relevant fees or an IFP application. Within thirty days of the date of this order, Plaintiff must either pay the $402.00 in fees or complete and submit the attached IFP application. If Plaintiff submits the IFP application, it should be labeled with docket number 21-CV-2430 (CM). If the Court grants the IFP application, Plaintiff will be permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1).
No summons shall issue at this time. If Plaintiff complies with this order, the action shall be processed in accordance with the procedures of the Clerk's Office. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed.
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue).
Plaintiff has consented to receive electronic service. (ECF 1 at 9.) SO ORDERED. Dated: March 25, 2021
New York, New York
/s/_________
COLLEEN McMAHON
Chief United States District Judge