Vicenti v. Bakers Specialties, LLC et al

Filing 7

ORDER: The Court warns Bakers Specialties, LLC that it is not permitted to appear in this action pro se and that all submissions filed on behalf of Bakers Specialties, LLC must be signed by counsel admitted to practice in this Court. Signed by Judge Virginia M. Hernandez Covington on 10/16/2013. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MARIO VICENTI,
Plaintiff,
v.

Case No. 8:13-cv-2399-T-33EAJ

BAKERS SPECIALTIES, LLC and
STEVEN E. BAKER,
Defendants.
________________________________/
ORDER
This

matter

comes

before

the

Court

sua

sponte.

On

September 17, 2013, Mario Vicenti filed an action against Bakers
Specialties, LLC and Steven E. Baker alleging violations of the
Fair Labor Standards Act. (Doc. # 1). Among other allegations,
Vicenti contends that he was “was employed by Defendants from
approximately February of 2013 through April 2013.

Plaintiff

was not paid any wages for the entire period of his employment
by the Defendants.” (Id. at ¶ 13).
On October 9, 2013, Defendant Steven E. Baker filed his
Answer to the Complaint. (Doc. # 6).

From this Court’s reading

of the Answer, it appears that Mr. Baker is attempting to file
an

Answer

on

behalf

of

both

himself

and

his

corporation,

Defendant Bakers Specialties, LLC.1
At this juncture, the Court warns Bakers Specialties, LLC

1

As an individual, Mr. Baker is free to litigate this
suit without counsel.

that it is not permitted to appear pro se in this court.

Local

Rule 2.03(e), M.D. Fla., explains: “A corporation may appear and
be heard only through counsel admitted to practice in the
Court.” See also Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385
(11th

Cir.

1985)(“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.”); Textron Fin. Corp. v. RV Having Fun Yet, Inc., No.
3:09-cv-2-J-34TEM, 2010 WL 1038503, at *6 (M.D. Fla. Mar. 19,
2010)(“a corporation’s financial constraints do not excuse the
requirement

that

it

have

legal

representation

in

Court

proceedings.”); United States v. Hagerman, 545 F.3d 579, 581-82
(7th Cir. 2008)(“Pro se litigation is a burden on the judiciary,
and the burden is not to be borne when the litigant has chosen
to do business in entity form.

He must take the burdens with

the benefits.”)(internal citations omitted).
Because Vicenti has not filed return of service documents
for either Defendant, the Court is not certain as to whether
Bakers Specialties, LLC has been served with the summons and the
Complaint.

However, by this Order, the Court places Bakers

Specialties, LLC on notice that the Court will not accept any
filings on its behalf unless they are signed by an attorney
admitted to practice in this Court.
2

Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
The Court warns Bakers Specialties, LLC that it is not
permitted

to

appear

in

this

action

pro

se

and

that

all

submissions filed on behalf of Bakers Specialties, LLC must be
signed by counsel admitted to practice in this Court.
DONE and ORDERED in Chambers, in Tampa, Florida, this 16th
day of October, 2013.

Copies: All Counsel and Parties of Record

3