Ma et al v. Guzman
| Kung Fu Noodle Inc., Peng Liu, Tian Ma and Grandma's Kitchen Inc. |
| Isabella Casillas Guzman |
| 1:2021cv05653 |
| June 29, 2021 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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Filing 6
INFORMATION PACKAGE MAILED to Peng Liu 93 1st. St. New Hyde Park, NY 11040, at, on 8/5/2021 Re: #3 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), one or more summonses (only if you have paid the fee in person or if the judge has ordered that a summons be issued to you) - 1 copies of Summons(es) mailed. (aan)
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Filing 5
INFORMATION PACKAGE MAILED to Tian Ma 93 1st. St. New Hyde Park, NY 11040, at, on 8/5/2021 Re: #3 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), one or more summonses (only if you have paid the fee in person or if the judge has ordered that a summons be issued to you) - 1 copies of Summons(es) mailed. (aan)
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| Filing 4 SUMMONS ISSUED as to Isabella Casillas Guzman. (aan) |
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Filing 3
ORDER OF SERVICE: Plaintiffs Tian Ma and Peng Liu, who are proceeding pro se, paid the filing fees to commence this action. The Clerk of Court is directed to issue a summons as to Defendant Isabella Casillas Guzman, Administrator of the Small Business Administration. Plaintiffs are directed to serve the summons and complaint on Defendant within 90 days of the issuance of the summons. If within those 90 days, Plaintiffs have not either served Defendant or requested an extension of time to do so, the Court may dismiss the claims against Defendant under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. Plaintiffs Ma and Liu are advised, however, that they may not appear pro se on behalf of their restaurants, Kung Fu Noodle, Inc. and Grandma's Kitchen, Inc. Corporations, partnerships, and limited liability companies must be represented by counsel. See Lattanzio v. COMTA, 481 F.3d 137 (2d Cir. 2007) ([W]e hold that a sole member limited liability company must be represented by counsel to appear in federal court.); Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983) (noting that a corporation cannot proceed pro se). Moreover, as pro se litigants, Plaintiffs Ma and Liu cannot act on behalf of one another; they may act only on their own behalf. See U.S. ex rel. Mergent Servs. v. Flaherty, 540 F.3d 89, 92 (2d Cir. 2008) ("[A]n individual who is not licensed as an attorney may not appear on another person's behalf in the other's cause." (internal quotation marks and citation omitted)). Plaintiffs should be mindful of these restrictions in determining how to proceed. The Clerk of Court is directed to mail a copy of this Order to each Plaintiff, together with an information package. (Signed by Judge Katherine Polk Failla on 8/4/2021) (rro) Transmission to Pro Se Assistants for processing.
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| Filing 1 COMPLAINT against Isabella Casillas Guzman. Document filed by Tian Ma, Grandma's Kitchen Inc., Peng Liu, Kung Fu Noodle Inc.(Filing Fee $ $402.00, Receipt Number 465401282070)(rdz) Modified on 7/1/2021 (rdz). (Additional attachment(s) added on 7/1/2021: #1 Receipt) (rdz). |
| Case Designated ECF. (rdz) |
| Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (rdz) |
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