Advantaira Trust, LLC v. G Square Investments, Inc. et al

Filing 31

ORDER dismissing case. The Plaintiff Advantaira Trust, LLC's Complaint is hereby DISMISSED without prejudice. The Clerk of the Court is directed to enter judgment accordingly, terminate any pending motions and close the file. Signed by Judge Sheri Polster Chappell on 9/23/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ADVANTAIRA TRUST, LLC, FBO Eric
Honcharenko IRA #XXXX401, a
Florida limited liability company
Plaintiff,
v.

Case No: 2:14-cv-76-FtM-38DNF

G SQUARE INVESTMENTS, INC.
and GLENN GREEN,
Defendants.
/
ORDER1
This matter comes before the Court on the Magistrate Judge Douglas N. Frazier’s
Order Allowing Plaintiff's Counsel, The Absolute Law Firm, to Withdraw (Doc. #25) filed
on June 18, 2014. In his Order allowing Counsel to withdraw, Judge Frazier directed the
Plaintiff, Advantaira Trust, LLC, to obtain new counsel within thirty (30) days of the date
of the Court’s Order. The Court issued an Order to Show Cause (Doc. #29) on August 7,
2014, requiring the Plaintiff to show cause in writing why it had failed to obtain counsel as
directed by the Court. On August 20, 2014, Judge Frazier re-issued his Order to insure
that the Plaintiff was properly notified that the case would be dismissed unless it retain
counsel within thirty (30) days.

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Judge Frazier directed the Plaintiff to obtain counsel because the Plaintiff is an
LLC and cannot appear pro se. Under Local Rule 2,03(e), a corporation may appear and
be heard only through counsel admitted to the Court pursuant to Local Rule 2.01 or 2.02.
The rule is well established that a corporation is an artificial entity that can only be
represented through its agents. Palazzo v. Gulf Oil Corp., 764 F.2d 1382, 1385 (11th Cir.
1985). It cannot appear in judicial proceedings pro se but must instead be represented
by licensed counsel. Id. The general rule that corporations must be represented by an
attorney in judicial actions applies even where the person seeking to represent the
corporation is its president and/or major stock holder. Id.
The Plaintiff was warned that it had up to and including September 19, 2014, to
obtain new counsel or have the case dismissed. To date no attorney has made an
appearance on behalf of the Plaintiff.

Therefore, the Plaintiff’s case is due to be

dismissed.
Accordingly, it is now
ORDERED:
The Plaintiff Advantaira Trust, LLC’s Complaint is hereby DISMISSED without
prejudice. The Clerk of the Court is directed to enter judgment accordingly, terminate any
pending motions and close the file.
DONE and ORDERED in Fort Myers, Florida this 23rd day of September, 2014.

Copies: All Parties of Record

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