Opinion
23 Civ. 3702 (LGS)
05-30-2023
Z PAYMENTS SOLUTION CORP., Plaintiff, v. FISERV, INC., et al., Defendants.
ORDER
LORNA G. SCHOFIELD, DISTRICT JUDGE
WHEREAS, Plaintiff, a corporation, has been unrepresented in this matter since its removal from state court, May 2, 2023;
WHEREAS, a corporation, which is an artificial entity, may appear in federal court only through a licensed attorney; a corporation may not appear pro se. See 28 U.S.C. § 1654; Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 202 (1993); U.S. ex rel. Mergent Servs. v. Flaherty, 540 F.3d 89, 92 (2d Cir. 2008); accord De Los Santos v. 94 Corner Cafe Corp., No. 21 Civ. 1577, 2021 WL 5180870, at *2 (S.D.N.Y. Nov. 8, 2021). This “rule has been applied to dismiss any action or motion filed by a corporation purporting to act pro se.” Grace v. Bank Leumi Trust Co. of NY, 443 F.3d 180, 192 (2d Cir. 2006); accord Tournesol Des Champs LLC v. Waizeneggar, No. 20 Civ. 9554, 2021 WL 1317343, at *1 (S.D.N.Y. Apr. 8, 2021) (noting that because “counsel has not been retained to represent [corporate Plaintiff], the action must be dismissed”).
WHEREAS, the Court's May 19, 2023, Order instructed Plaintiff to have counsel appear by May 26, 2023, or, by that date, to file a letter describing its efforts to promptly retain counsel in this matter;
WHEREAS, counsel has not appeared for Plaintiff, nor has Plaintiff explained its efforts to retain counsel. It is hereby
ORDERED that, by June 9, 2023, counsel for Plaintiff shall appear, or Plaintiff shall file a letter describing its efforts to retain counsel promptly in this matter. Failure to comply with this Order will result in dismissal of the case for failure to prosecute.