A Northern District Federal Judge dismissed a claim with prejudice filed by a mother on behalf of her deceased son after the woman failed to provide reason why she did not seek a new attorney, as reported by the New York Law Journal in a February 28, 2013 news article.
The claim was originally filed in early 2011, after her original lawyer withdrew from the matter the judge gave the mother a remarkable amount of time to get another one however, the mother failed to do so. In addition, the judge gave the mother an opportunity to explain why she did not have a new attorney by the deadline. Again the mother failed to provide any reason, thus the judge ruled to dismiss the claim.
The judge required that the mother appear only through counsel because the action was a wrongful death case, in which the mother was not the sole beneficiary of her sonâ€™s estate. The judge put the mother on notice of this requirement citing New York law that forbids a person from representing another person pro se unless admitted to practice law. Prior to dismissing the case the judge sought for another suitable alternative but could not find one. He rejected the notion of giving the mother yet another opportunity because she ignored both the order and opportunity to explain why she ignored it. Based on her failure to comply with the order the case was dismissed with prejudice, which means it may not be filed again.
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