Elwell v. Pierce N Tell, LLC et al

Filing 67

ORDER: Plaintiff's Motion to Partially Strike Defendants' Motion to Set Aside Default Judgment 64 is GRANTED. Defendant's Motion to Set Aside Default Judgment 62 , to the extent it seeks relief for corporate Defendant Pierce N Tell, LLC, is STRICKEN. Insofar as the Motion seeks relief for pro se Defendant Oshik Perez, the Motion to Set Aside Default Judgment is still pending. Signed by Judge James S. Moody, Jr. on 10/18/2016. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
KAYLA ELWELL,
Plaintiff,
v.

Case No: 8:13-cv-2857-T-30TBM

PIERCE N TELL, LLC and
OSHIK PEREZ,
Defendants.

ORDER
THIS CAUSE is before the Court on Plaintiff’s Motion to Partially Strike
Defendants' Motion to Set Aside Default Judgment (Dkt. 64). In this case alleging
violations of the Fair Labor Standards Act, Plaintiff prevailed in a Final Default Judgment
entered on August 15, 2014. On September 28, 2016, Defendant Oshik Perez filed a motion
pro se, on his behalf and on behalf of Pierce N Tell, LLC, to set aside that final default
judgment.
Plaintiff now argues that Defendants’ motion, to the extent it seeks relief for
corporate Defendant Pierce N Tell, should be stricken, because both the Local Rules for
the Middle District of Florida and binding Eleventh Circuit precedent require that corporate
parties be represented by counsel.
The Court agrees. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir.
1985); Local Rule 3.03(e) (“A corporation may appear and be heard only through counsel
admitted to practice in the Court . . . .”).

Accordingly, it is ORDERED AND ADJUDGED that:
1. Plaintiff’s Motion to Partially Strike Defendants’ Motion to Set Aside Default
Judgment (Dkt. 64) is GRANTED.
2. Defendant’s Motion to Set Aside Default Judgment (Dkt. 62), to the extent it
seeks relief for corporate Defendant Pierce N Tell, LLC, is STRICKEN.
3. Insofar as the Motion seeks relief for pro se Defendant Oshik Perez, the Motion
to Set Aside Default Judgment is still pending.
DONE and ORDERED in Tampa, Florida, this 18th day of October, 2016.

Copies furnished to:
Counsel/Parties of Record

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