TABOR
v.
ADVANCED PLUMBING TECHNOLOGY, LLC
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This is an order from the District Court for the Middle District of Florida addressing the withdrawal of counsel for defendant Advanced Plumbing Technology, LLC. The court confirmed that the defendant's attorneys have been relieved of their representation obligations and directed the defendant to retain new counsel by February 28, 2025, or face potential default judgment.
A corporation or limited liability company cannot appear pro se and must be represented by counsel admitted to practice in the court. The defendant must retain new counsel by February 28, 2025, and failure to do so may result in default judgment.
“The rule is well established that a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel.”
Establishes the foundational legal principle that corporate entities cannot self-represent in federal litigation, citing Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985).
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDefendant Advanced Plumbing Technology, LLC's attorneys, Richard Salazar and Timothy Daveler, filed a Notice of Compliance on January 30, 2025, indica…
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On January 30, 2025, attorneys for Defendant Advanced Plumbing Technology, LLC ("Defendant"), Richard Salazar and Timothy Daveler, filed a Notice of Compliance with Order Permitting Counsel for Defendant to Withdraw from Representation (“Notice”). (Doc. 33). The Notice provides the Court with Defendant's current contact information (including mailing address, email address, and telephone number) so that it may properly serve Defendant with all papers and pleadings unless and until it retains new counsel. Pursuant to the Court's Order (Doc. 31), attorneys Richard Salazar and Timothy Daveler are relieved of any further responsibility for the representation of Defendant in this action.
As Defendant is now unrepresented, and as stated in the Court's January 29, 2025 Order (see Doc. 31), it may not defend itself in this case except through an attorney who is a member of the bar of this Court. See M.D. Fla. Local Rule 2.02(b)(2); Palazzo v. Gulf Oil Corp., 764 F. 2d 1381, 1385 (11th Cir. 1985) (“The rule is well established that a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel.”); Energy Lighting Mgmt., LLC v. Kinder, 363 F. Supp. 2d 1331, 1332
(M.D. Fla. 2005) (applying the prior version of Local Rule 2.02(b)(2) to limited liability companies).
Accordingly, on or before February 28, 2025, Defendant Advanced Plumbing Technology, LLC shall retain counsel, and such counsel shall file a notice of appearance. Defendant is cautioned that failure to retain new counsel admitted to practice in this Court could result in adverse rulings including, without limitation, default and the entry of default judgment against it.
Until Defendant obtains new counsel and such counsel files a notice of appearance, all papers and pleadings should be directed to Defendant at the following addresses:
Advanced Plumbing Technology, LLC c/o Mason Chickonski 16207 State Road 50, Suite 402 Clermont, FL 34711 (321) 508-8879 [email protected] [email protected]
Advanced Plumbing Technology, LLC c/o Taylor Yarkosky 16207 State Road 50, Suite 402 Clermont, FL 34711 [email protected]
If Defendant's contact information changes, it is Defendant's responsibility to file a notice informing the Court and other parties of the new contact information.
The Clerk is directed to serve a copy of this Order on Defendant at the addresses listed above, and to remove Richard Salazar and Timothy Daveler from the CM/ECF filing system for this case.
DONE and ORDERED in Ocala, Florida on January 31, 2025.
Copies furnished to: Counsel of Record Unrepresented Parties
PHILIP R. LAMMENS
United States Magistrate Judge
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Citator
Authorities Cited
- Palazzo v. Gulf OIL Corp., 764 F.2d 1381 (11th Cir. 1985)
- Energy Lighting Mgmt., LLC v. Kinder, 363 F. Supp. 2d 1331 (M.D. Fla. 2005)