Kinghorn Medical LLC v. National DME LLC

Filing 66

ORDER striking 56 Response in Opposition; striking 57 Motion to Quash; striking 64 Motion to Withdraw as Attorney. Signed by Magistrate Judge Amanda Arnold Sansone on 3/27/2024. (CES)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
KINGHORN MEDICAL LLC, d/b/a
MOUNTAIN BRACE SYSTEMS,
Plaintiff,
v.

Case No. 8:23-cv-1308-CEH-AAS

NATIONAL DME LLC, d/b/a
BRACEFIT,
Defendant.
______________________________________/
ORDER
Clinton

Johnston,

general

counsel

for

non-party

Benchmark

International CSS, LLC (Benchmark), requests this court grant his
withdrawal and allow Benchmark to proceed pro se. (Doc. 64).
After Defendant National DME, LLC filed a motion to compel
responses to a subpoena duces tecum issued to Benchmark (Doc. 54), Mr.
Johnston filed a response and a motion to quash the nonparty subpoena in
his individual capacity, not including his Florida bar number on the
signature pages of the documents. (See Docs. 56, 57). The clerk then noticed
Mr. Johnston of Local Rule 2.01(a), which requires membership or special
admission in the Middle District bar to practice in the Middle District, except

1

for the limited exceptions identified in the Rule, none of which appear to be
present here. (Doc. 58).
In response to the clerk’s notice, Mr. Johnston contends he was
“inadvertently labeled the attorney of record [and] requests this removal so
that Benchmark can proceed pro se at this time.” (Doc. 64, p. 1). As an initial
matter, a limited liability company may not proceed pro se. See Rowland v.
California Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 202
(1993) (“[A] corporation may appear in federal courts only through licensed
counsel.”); S.E.C. v. Merchant Capital, LLC, 486 Fed. Appx. 93, 94 n. 1 (“It is
well established, however, that a business organization cannot appear pro se
and must be represented by counsel, not merely a stockholder or officer.”).
Upon review of the Florida Bar website, it appears Mr. Johnston is a
member of the Florida Bar and so he cannot move for special admission
under Local Rule 2.01(c). Mr. Johnston, however, can move for temporary
admission under Local Rule 2.01(d), but he has not. Because Mr. Johnston
cannot appear on behalf of Benchmark in his officer capacity and has not
requested permission to appear before the court and because Benchmark
cannot appear pro se, Mr. Johnston’s filings (Docs. 56, 57, 64) are hereby
STRICKEN.

2

Should Benchmark wish to appear in this action, Mr. Johnston may
move for temporary admission under Local Rule 2.01(d) or Benchmark may
hire counsel who can appear under Local Rule 2.01(b) or (c).
ORDERED in Tampa, Florida on March 27, 2024.

3