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New York State Unified Court System
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Misc | Filed: May 31, 2024 | Entered: May 31, 2024 Gutterman v. Suffolk County et al
Civil Rights: Americans with Disabilities - Other | New York Eastern
Stipulation of Dismissal
STIPULATION of Dismissal by Third-Party Plaintiff Suffolk County as to Third-Party Defendant E.W. Howell Co., LLC s/h/a E.W. Howell Group, Inc. ONLY by County of Suffolk (Kobos, Dana)
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Utility | Filed: May 31, 2024 | Entered: May 31, 2024 Balash v. LoanCare LLC et al
Other Statutory Actions | New York Northern
Set Deadlines/Hearings
Set Deadlines: Notice of Compliance Deadline 7/1/2024 (sal )
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Order | Filed: May 31, 2024 | Entered: May 31, 2024 Balash v. LoanCare LLC et al
Other Statutory Actions | New York Northern
Order
TEXT ONLY ORDER --- This action was commenced by Anna Theresa Balash, "Trustee not Individually for AB REVOCABLE LIVING TRUST." (Compl., Dkt. No. 1 .) A trust is treated like a corporate entity for purposes of its capacity to act on its own behalf and may not appear pro se. See Berrios v. N.Y.C. Hous. Auth., 564 F.3d 130, 132-33 (2d Cir. 2009); C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697-98 (9th Cir. 1987). It does not appear that Balash is an attorney. Accordingly, within thirty (30) days of the date of this Text Only Order, an attorney shall appear on behalf of AB REVOCABLE LIVING TRUST or Balash shall otherwise provide a status report about her efforts to obtain counsel to represent plaintiff in this litigation. Failure comply with this Text Only Order will result in the dismissal of this action for failure to comply and failure to obtain representation. It is also noted that plaintiff has taken no action in this matter since late 2023, including failing to respond to pending dispositive motions, and a period of more than four months has since elapsed, which is presumptive evidence of lack of prosecution. See N.D.N.Y. L.R. 41.2(a). The Court takes no action with respect to plaintiff's failure to prosecute at this time given the representation issue. IT IS SO ORDERED by U.S. District Judge Glenn T Suddaby on 5/31/2024. (Copy served upon plaintiff via regular mail) (sal)
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