Hancock Bank v. Bright Lake Estates, L.L.C. et al

Filing 20

ORDER granting 13 Plaintiff Hancock Bank's Motion to Strike Defendant Bright Lake Estates, LLC's Answer to Complaint and Affirmative Defenses. Signed by Magistrate Judge Philip R. Lammens on 3/8/2013. (AR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION HANCOCK BANK, a Mississippi banking corporation Plaintiff, v. Case No:5:12-CV-649-Oc-10PRL BRIGHT LAKE ESTATES, L.L.C., RANDALL B. LANGLEY, MATTHEW A. SEIBEL, KNIGHT ENGINEERING CONSULTANTS, INC. and CLEARWATER RESERVE HOME OWNERS ASSOCIATION INC. Defendants. ORDER This matter is before the Court on Plaintiff Hancock Bank’s Motion to Strike Defendant Bright Lake Estates, LLC’s Answer to Complaint and Affirmative Defenses (With Jury Demand). (Doc. 13). Bright Lake Estates, LLC has not filed a response. In its Motion, Plaintiff seeks to strike the Answer filed by Bright Lake Estates, LLC (Doc. 8) because it is signed by Richard H. Langley, Esquire. Mr. Langley was previously removed as counsel of record because he is not admitted to practice in this Court. See Doc. 10. This leaves Bright Lake Estates, LLC unrepresented and pursuant to Local Rule 2.03, limited liability companies may appear and be heard only through counsel admitted to practice in this Court. Energy Lighting Management, LLC v. Kinder, 363 F.Supp.2d 1331, 1332 (M.D. Fla. 2005). On February 15, 2013, the Court entered its Order deferring ruling on the Motion to give Bright Lake Estates, LLC an opportunity to retain counsel. (Doc. 18). The Court directed: [O or befor February 28, 2013, Bright Lake Estates, LLC shall retai counsel w is O]n re y B C in who ad dmitted to practice in this Court and such co unsel shall file a notic of appear p t a ce rance. Failure to do so, will re o esult in the Bright Lake Estates, LL B e LC’s Answe being stricken er without furthe notice. w er To date, coun has not filed a noti of appea T nsel t ice arance on be ehalf of Brig Lake Es ght states, LLC and Bright Lake Estates, LL has not filed anythin in respons to Plaintif Motion o the d e LC f ng se ff’s or Court February 15, 2013 Order. 2 Accordingly, because Bri A ight Lake Es states, LLC c cannot proce unrepres eed sented, Plain ntiff’s Motion (Doc. 13) is due to be GRANTED and its Ans ( G swer is due to be strick ken. The An nswer filed on behalf of Defendants, Bright Lake Estates, LL and Ran D B e LC ndall B. Lan ngley (Doc. 8) is STRICK KEN as to Br right Lake Estates, LLC. E DONE and ORDERED in Ocala, Flo D O orida on Ma arch 8, 2013. . Copies fu urnished to: Counsel of Record sented Partie es Unrepres -2-

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