McDougall v. Mesaco Enterprises, Inc.

United States District Court for the Middle District of Florida

McDougall v. Mesaco Enterprises, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

ELIZABETH MCDOUGALL,

Plaintiff,

v. CASE NO. 8:21-cv-255-WFJ-JSS

MESACO ENTERPRISES, INC.,

Defendant. __________________________________/

ORDER Before the Court is Plaintiff’s motion to strike Defendant’s answer (Dkt. 10). Upon consideration, the Court grants the relief requested. Defendant is a corporation which must be represented by counsel and cannot proceed pro se. See Local R. 2.02(b)(2), M.D. Fla. (“A party, other than a natural person, can appear through the lawyer only.”).1 Plaintiff contends Defendant’s answer (Dkt. 9) is signed by the owner of the Defendant corporation, “who is not a Florida-licensed attorney” or licensed to practice before the Middle District. Dkt. 10 at 2. Plaintiff requests the answer be stricken and Defendant be required to appear through an attorney. See Colony Ins. Co. v. Total Contr. & Roofing, Inc.,

1 See also Palazzo v. Gulf Oil Corp.,

764 F.2d 1381, 1385

(11th Cir. 1985) (noting that “even where the person seeking to represent the corporation is its president and major stockholder,” the corporation must secure its own counsel). No. 10-23091-Civ,

2010 WL 5093663

, at *3 (S.D. Fla. Dec. 8, 2010) (striking corporation’s pro se answer and citing Palazzo v. Gulf Oil Corp.,

764 F.2d 1381, 1385

(11th Cir. 1985)). Based on the well-settled law, Plaintiff's motion (Dkt. 10) is granted. Defendant shall obtain counsel and file its answer through said counsel on or before April 6, 2021. Defendant is put on notice that failure to timely obtain counsel and file the answer will result in Defendant being subject to a default upon appropriate motion. Until such time as counsel files a notice of appearance, all future pleadings, notices, and orders, including a copy of this order, shall be served

on Defendant at the following address: Mesaco Enterprises, Inc. c/o Roman Mesa, Registered Agent, 8121 Lutz Lake Fern Road, Odessa, Florida 33556. The Clerk is directed to strike the answer. DONE AND ORDERED at Tampa, Florida, on March 16, 2021. me, UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO: Counsel of Record Mesaco Enterprises, Inc. c/o Roman Mesa, Registered Agent, 8121 Lutz Lake Fern Road, Odessa, FL 33556

Reference

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