Tabor v. Advanced Plumbing Technology, LLC

United States District Court, Middle District of Florida, Ocala Division · January 31, 2025 · No. 5:23-cv-376-JA-PRL

Summary

This United States District Court order addresses the withdrawal of counsel for the defendant, Advanced Plumbing Technology, LLC. Citing local rules and Eleventh Circuit precedent, the court emphasizes that limited liability companies cannot proceed pro se and must be represented by licensed counsel. The judge orders the defendant to retain new attorney representation by February 28, 2025, warning that failure to do so may result in adverse rulings or default judgment. The order also provides updated contact information for service of future documents.

Court
United States District Court, Middle District of Florida, Ocala Division
Writing for the Court
Philip R. Lammens
Jurisdiction
United States District Court, Middle District of Florida
Decision date
January 31, 2025
Docket number
5:23-cv-376-JA-PRL
Procedural posture
Defendant's counsel withdrew; the court ordered the defendant to retain counsel and file a notice of appearance by February 28, 2025.
Precedential value
nonprecedential
Disposition
other

Topics

civil proceduredefault judgment

Practice areas

civil procedure

Questions Presented

  1. Whether a limited liability company may appear pro se in federal court or must be represented by counsel under Local Rule 2.02(b)(2).

Holdings

  1. A corporation or limited liability company may not appear pro se and must be represented by counsel admitted to practice in the court.

Key quotations

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.

Factual background

Advanced Plumbing Technology, LLC is a Florida limited liability company. Its counsel withdrew from the case on January 30, 2025, leaving the corporation unrepresented. The court addressed whether the corporation may proceed pro se.

Procedural history

Plaintiff Brett Tabor filed suit on June 16, 2023. Defendant's counsel withdrew on January 30, 2025, prompting the court to issue an order requiring the corporation to retain counsel under Local Rule 2.02(b)(2).

Court Document

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