VAZQUEZ
v.
JEWELRY ARTISANS OF ORLANDO, INC.
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The district court entered a default judgment against the corporate defendant Jewelry Artisans of Orlando, Inc. for failing to retain counsel after its attorneys withdrew, consistent with the rule that corporations cannot proceed pro se. The court noted that while the individual defendant could represent himself, the business entity was required to be represented by an attorney.
The court entered default against Jewelry Artisans of Orlando, Inc. because the corporate defendant failed to retain counsel within the 30-day period allowed by the court's prior order, and corporations cannot proceed pro se under established law.
“It is well established . . . that a business organization cannot appear pro se and must be represented by counsel, not merely by a stockholder or officer.”
Establishes the governing legal principle that corporations must be represented by attorneys and cannot proceed without counsel
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Join FLexlaw to unlock all legal intelligencePlaintiff Vazquez filed suit against Jewelry Artisans of Orlando, Inc. and Alberto Lopez on May 9, 2023. Defendants initially appeared through counsel…
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This cause comes before the Court sua sponte. Plaintiff instituted this action by complaint filed against Defendants Jewelry Artisans of Orlando, Inc., and Alberto Lopez on May 9, 2023. Doc. No. 1. Defendants initially appeared in the case through counsel. Doc. Nos. 12-13. However, on October 8, 2024, Defendants' counsel withdrew. Doc. Nos. 48-49.
In the Order granting withdrawal, the Court noted that Mr. Lopez can proceed pro se. Doc. No. 49, at 2. However, Jewelry Artisans of Orlando, Inc. cannot. Id. (citing S.E.C. v. Merchant Cap., LLC, 486 F. App'x 93, 94 n.1 (11th Cir. 2012) ("It is well established ... that a business organization cannot appear pro se and must be represented by counsel, not merely by a stockholder or officer.")).
Accordingly, the Court permitted Jewelry Artisans of Orlando, Inc. thirty (30) days to retain new counsel and to cause counsel to appear on its behalf. Id. The Court cautioned Jewelry Artisans of Orlando, Inc. that failure to do so "will result in default being entered . . . without further notice." Id.
The thirty (30) day deadline elapsed on November 7, 2024. But on review of the docket, no counsel has appeared on behalf of Jewelry Artisans of Orlando, Inc. Accordingly, the Clerk of Court is DIRECTED to enter default against Jewelry Artisans of Orlando, Inc. The Clerk of Court is further DIRECTED to mail a copy of this Order to Jewelry Artisans of Orlando, Inc. to the address reflected on the docket.
Given the rulings made herein, Plaintiffs' Motion for Default Against Jewelry Artisans of Orlando, Inc. d/b/a Kissimmee Jewelers (Doc. No. 51) is DENIED as moot. In any event, the Court notes that the motion fails to comply with Local Rule 3.01(g).
DONE and ORDERED in Orlando, Florida on November 15, 2024.
Leslie Hoffman Price
LESLIE HOFFMAN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties