RUIZ
v.
EL MESON LATIN CUISINE, INC.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court denied the defendants' motion to dismiss because the corporation failed to comply with local rules regarding filing and representation by counsel.
Defendants El Meson Latin Cuisine, Inc. and Gilberto Diaz, with Diaz representing himself and the corporation pro se, filed a motion to dismiss. The m…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Corporate Representation By Counsel cases and more on FLexlaw
and GILBERTO DIAZ,
Defendants. /
ORDER1
Before the Court is Defendants El Meson Latin Cuisine, Inc. and Gilberto Diaz’s Motion to Dismiss (Doc. 8) and Memorandum in Support (Doc. 10) of the Motion. Diaz is representing himself and El Meson pro se. As explained below, the Court denies the Motion for failure to comply with the Middle District of Florida Local Rules.2 First, Diaz filed the Motion (Doc. 8) and Memorandum in Support (Doc. 10) separately. But the Local Rules require those to be filed as one document. Local Rule 3.01(a). So the Motion should be denied. See, e.g., Save the Wekiva River and Headwaters, Inc. v. U.S. Army Corps of Eng’rs, No. 6:17-cv-1902-Orl-DCI, 2017 WL 10086128, at *2 n.2 (M.D. Fla. Dec. 29, 2017).
Second, Diaz is representing El Meson pro se. Yet in federal court, a corporation can only be represented by a licensed lawyer. Rowland v. Cal. Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 202 (1993); Local Rule 2.01(a); 2.03(e).
Although Diaz may appear on his own behalf pro se, 28 U.S.C. § 1654, he cannot represent any other person or entity, including El Meson. U.S. ex rel. Stronstorff v. Blake Med. Ctr., No. 8:01-CV-844-T23MSS, 2003 WL 21004734, at *1 (M.D. Fla. Feb. 13, 2003).
So within thirty days, the Court directs El Meson to hire an attorney and notify the Court by having the attorney file a notice of appearance. While Diaz may represent himself, the Court always urges litigants to hire a lawyer. E.g., Jordan v. U.S. Dep’t of Educ., No. 2:17-cv-683-FtM-99CM, 2018 WL 7502038, at *7 (M.D. Fla. May 8, 2018) (“The Court therefore strongly encourages [parties] to attempt to retain counsel admitted to practice before this Court.”).
If Diaz chooses to represent himself, he should study the Federal and Local Rules. He should also review the Middle District’s Guide for Proceeding Without a Lawyer.3 Either way, Ruiz must respond to the
Complaint within thirty days. Accordingly, it is now ORDERED: 1. Defendants’ Motion to Dismiss (Doc. 8) is DENIED without prejudice. 2. Defendant El Meson Latin Cuisine, Inc. is DIRECTED to retain counsel who must FILE a notice of appearance on or before December 20, 2019.
,
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record