Medi-Weightloss Franchising USA, LLC et al v. Sadek et al

Filing 64

ORDER denying 63 Motion to extend time. Signed by Judge Susan C Bucklew on 3/25/2010. (JMM)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MEDI-WEIGHTLOSS FRANCHISING USA, LLC, PHYSICIAN'S HEALTH MANAGEMENT, LLC, MEDI IP LICENSING, LLC, and MEDI-WEIGHTLOSS CLINICS, LLC, Plaintiffs, v. DR. KAMEL SADEK, ALLURE MEDI SPA AND WELLNESS INSTITUTE, LLC, BIONIC, INC., ARIZONA WELLNESS CENTER, LLC, BRANDY FAIR, and ANDRA FAIR, Defendants. __________________________________/ ORDER This cause comes before the Court on Defendants Brandy and Andra Fair's Motion for Extension of Time to Obtain Counsel. (Doc. 63.) Defendants, who have proceeded pro se in this action, now request a thirty-day extension of time to obtain counsel. Plaintiffs filed suit on November 25, 2009. Brandy and Andra Fair (the Fair Defendants) were served on December 26, 2009, filed their answer on January 14, 2010, and filed a response opposing Plaintiffs' motion for preliminary injunction on February 19, 2010. Magistrate Judge Pizzo held a hearing on the motion for preliminary injunction on March 5, 2010. The Fair Defendants did not appear, nor did they file a motion to excuse their failure to appear. Judge Pizzo issued a Report and Recommendation (Doc. 58) on March 11, 2010, in which he recommended that the Court grant the preliminary injunction. Case No. 8:09-cv-2421-T-24-MAP

The Fair Defendants have had four months to obtain counsel in this case and have never done so. Now when the litigation is approaching final resolution ­ and after the Court has approved consent judgments for two of their co-defendants and has entered default judgments against the other two ­ the Fair Defendants seek additional time, ostensibly to obtain counsel. The Court finds that this request will unduly delay proceedings and that the Fair Defendants have already had sufficient time to obtain counsel. The Fair Defendants' motion (Doc. 63) is DENIED. DONE AND ORDERED at Tampa, Florida, this 25th day of March, 2010.

Copies to: Counsel of Record Pro Se Defendants