Minutes | Filed: May 26, 2026
| Entered: May 26, 2026
Wiggins & Graham Enterprise, LLC et. al. v. Matrix Advance, LLC et. al.
Contract: Other | New York Eastern
Status Conference Order on Motion to Enforce Judgment Order on Motion to Withdraw as Attorney
Minute Entry and Order: A status conference was held via Zoom on 5/26/2026 before Magistrate Judge Taryn A. Merkl. Appearances by Robert Charles Jacovetti on behalf of Plaintiffs. Plaintiff Ladonna F. Wiggins was also present, as a representative of Plaintiffs Wiggins & Graham Enterprise, LLC and Oakmont Homemade Foods. Discussion held regarding counsel for Plaintiffs' motion 38 to withdraw. Counsel represented that he was not seeking a retaining or charging lien. Ms. Wiggins represented that she does not object to Mr. Jacovetti's motion to withdraw. For the reasons discussed on the record and in counsel's motion 38 , Plaintiffs' counsel's motion to withdraw is granted. The Clerk of Court is respectfully directed to terminate Mr. Jacovetti as attorney of record for Plaintiffs. Plaintiff Wiggins was advised that a party that is a corporation, partnership, or LLC "may appear in federal court only through a licensed attorney." Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007); see 28 U.S.C. § 1654; see also Kim v. Kini LIC Corp., 806 F. Supp. 3d 277, 294 (E.D.N.Y. 2025) (collecting cases). Ms. Wiggins stated she understood that, as a non-attorney, she cannot represent the Plaintiff corporate entities in federal court.
Further discussion held regarding Plaintiffs' motion 35 to enforce judgment. Brief discussion held regarding the statutory basis for judgment enforcement in this action, N.Y. C.P.L.R. § 5225(b), and the availability of state court as a forum for judgment enforcement. For the reasons discussed on the record, Plaintiffs' motion 35 is denied, without prejudice. As discussed on the record, Plaintiffs' motion has not established that the Court has personal jurisdiction over the purported garnishees in possession; that "the judgment debtor has an interest in the property the creditor seeks to reach"; and either that the judgment debtor is entitled to possession of the property or that the judgment creditor's rights to the property "are superior to those of the party in whose possession it is," as required for courts to grant a turnover motion under the state statute. Beauvais v. Allegiance Sec., Inc., 942 F.2d 838, 840 (2d Cir. 1991) (cleaned up); see also CSX Transp. Inc., v. Island Rail Terminal, Inc., 879 F.3d 462, 46970 (2d Cir. 2018) (observing that "a party seeking a money judgment against a non-party garnishee may proceed by motion... as long as the court has personal jurisdiction over the garnishee").
Outgoing counsel is respectfully directed to provide Plaintiffs with a copy of this Order forthwith. Ordered by Magistrate Judge Taryn A. Merkl on 5/26/2026. (Zoom Log #10:09-10:23.) (MJM)