Servillo v. Sola Medi Spa, LLC

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

RICHARD SERVILLO,

Plaintiff, v. Case No. 2:20-cv-130-JLB-NPM SOLA MEDI SPA, LLC,

Defendant.

ORDER

Before the Court is Defendant Sola Medi Spa, LLC’s motion for reopening the evidentiary hearing (Doc. 19) filed by “sole employee” Tricia Tobias. On May 3, 2021, the Court held an evidentiary hearing to determine the amount of damages to be awarded in this case. Defendant failed to appear.

Defendant, an LLC, can only appear and be heard in this matter through counsel. S.E.C. v. Merchant Capital, LLC, 486 Fed. App’x. 93, 94 n.1 (11th Cir. 2012) (citing Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985)) (“[A] business organization cannot appear pro se and must be represented by counsel.”); see M.D. Fla. R. 2.02(b)(2). Also, the motion lacks authority or a basis for the request, and it lacks a good faith conferral certification. See M.D. Fla. R. 3.01(a), (g). Therefore, the motion (Doc. 19) is DENIED.

DONE and ORDERED in Fort Myers, Florida on May 3, 2021.

Lida Ee Line □□□

NICHOLAS P. MIZEL

UNITED STATES MAGISTRATE JUDGE