Clark Law Firm, PC v. Espace LLC et al
| Clark Law Firm PC |
| Christopher Coleman and Espace LLC |
| 3:2018cv01564 |
| September 13, 2018 |
| US District Court for the District of Connecticut |
| Vanessa L Bryant |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on November 7, 2018. A more recent docket listing may be available from PACER.
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Filing 15
ORDER granting #10 Motion to Remand to State Court. This case was improperly removed for several reasons. First, removal is untimely under 28 U.S.C. 1446(b). Second, the case was removed to the wrong court under 28 U.S.C. 1446(a). Third, Defendant failed to pay the filing fee and failed to show he qualifies for an exception under 28 U.S.C. 1915. The Clerk is directed to close this case. Signed by Judge Vanessa L. Bryant on 11/7/2018. (Lindberg, Christina)
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Filing 14
ORDER regarding #10 Motion to Remand. Defendant Coleman is ordered to respond to the Motion to Remand on his own behalf within 21 days of the date of this order. The case will be remanded if a response is not filed by Defendant Coleman on his own behalf within 21 days of the date of this order. Defendant Coleman's Removal Notice #1 as to Escape LLC has no legal effect because Defendant Coleman is pro se. A person who has not been admitted to the practice of law may not represent anybody other than himself. Guest v. Hansen, 603 F.3d 15, 20 (2d Cir. 2010) (internal citations and quotation marks omitted). Escape LLC seeks removal but it cannot be represented by an individual not admitted to the in this state and court. A business entity such as an LLC may only appear in federal court through licensed counsel. Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 202 (1993); Pecarsky v. Galaxiworld.com Ltd., 249 F.3d 167, 172 (2d Cir. 2001) ("As a corporation, appellant, Galaxiworld, could only appear with counsel."); Iannaccone v. Law, 142 F.3d 553, 558 (2d Cir. 1998) ("[B]ecause pro se means to appear for one's self... a lay person may not represent a corporation or a partnership.") (internal citation omitted). Signed by Judge Vanessa L. Bryant on 10/15/2018. (Lindberg, Christina)
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Filing 13
ORDER denying #2 Motion for Leave to Proceed In Forma Pauperis without prejudice. Defendant Coleman did not demonstrate that he is indigent. Defendant Coleman is ordered to pay the filing fee within 21 days of this order. If the filing fee is not paid within 21 days of the date of this order, the case will be remanded. Signed by Judge Vanessa L. Bryant on 10/15/2018.(Lindberg, Christina)
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Filing 12
ORDER VACATING DOCKET ENTRY 11. This order was entered in error. Signed by Judge Vanessa L. Bryant on 10/15/2018. (Lindberg, Christina)
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Filing 11
VACATED: ORDER denying #4 Motion for Order. "A person who has not been admitted to the practice of law may not represent anybody other than himself." Lattanzio v. COMTA, 481 F.3d 137, 139 (2d Cir. 2007) (internal quotation marks and citation omitted); see also Guest v. Hansen, 603 F.3d 15, 20 (2d Cir. 2010)). The parties seeking removal include a limited liability company which cannot be represented by an individual not admitted to the in this state and court. An bushiness entity such as an LLC may only appear in federal court through licensed [*8] counsel. Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 202, 113 S. Ct. 716, 121 L. Ed. 2d 656 (1993). Pecarsky v. Galaxiworld.com Ltd., 249 F.3d 167, 172 (2d Cir. 2001) ("As a corporation, appellant, Galaxiworld, could only appear with counsel."); lannaccone v. Law, 142 F.3d 553, 558 (2d Cir. 1998) ("[B]ecause pro se means to appear for one's self... a lay person may not represent a corporation or a partnership."). Pro se plaintiffs Cie Sharp and Michael Sharp cannot represent Sharp Realty LLC. Accordingly, any claims brought on behalf of Sharp Realty LLC are dismissed without prejudice. Movants fail to show neither or both of the parties purporting to remove are indigent.. Signed by Judge Vanessa L. Bryant on 10-11-18. (Bryant, Vanessa) Modified on 10/16/2018 (Shafer, J.).
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| Filing 10 MOTION to Remand by Clark Law Firm PC. Responses due by 10/30/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Brief in Support of Motion to Remand). (Velez, F.) |
| Filing 9 NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 9/13/2018.(Bozek, M.) |
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Filing 8
ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 9/13/2018.(Bozek, M.)
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Filing 7
STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 9/13/2018.(Bozek, M.)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 9/13/2018.(Bozek, M.)
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Filing 5
Order on Pretrial Deadlines: Amended Pleadings due by 11/12/2018. Discovery due by 3/15/2019. Dispositive Motions due by 4/19/2019. Signed by Clerk on 9/13/2018.(Bozek, M.)
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| Filing 4 MOTION for Order to Participate in Electronic Filing by Christopher Coleman. (Bozek, M.) |
| Filing 3 Consent to Electronic Notice by Christopher Coleman. (Bozek, M.) |
| Filing 2 MOTION for Leave to Proceed In Forma Pauperis by Christopher Coleman. (Bozek, M.) |
| Filing 1 NOTICE OF REMOVAL by Christopher Coleman, Espace LLC from Lackawanna (Pennsylvania) County Court, case number 2014-cv-5303., filed by Christopher Coleman, Espace LLC. (Attachments: #1 Civil Cover Sheet, #2 Supplement)(Bozek, M.) |
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