PLAINTIFF B et al v. FRANCIS et al

Filing 491

ORDER re 490 Response to Order to Show Cause 488 filed by JOSEPH R FRANCIS; Dfts Mantra, Aero Falcons, and MRA Holdings shall cause new counsel to file a notice of appearance not later than by 6/10/2010. Dft Francis shall file either a notice of intent to proceed pro se or notice of appearance of new counsel not later than 6/10/10. Signed by JUDGE RICHARD SMOAK on 5/11/2010. (sea)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION PLAINTIFF B; PLAINTIFF J; PLAINTIFF S; and PLAINTIFF V, Plaintiffs, vs. CASE NO. 5:08-cv-79/RS-AK

JOSEPH R. FRANCIS; MRA HOLDINGS, LLC; MANTRA FILMS, INC.; and AERO FALCONS, LLC, Defendants. _________________________________________/ ORDER Before me is Defendant Francis'response to the Order to show cause (Doc. 488) dated April 21, 2010. (Doc. 490.) Defendants Mantra, Aero Falcons, and MRA Holdings shall cause new counsel to file a notice of appearance not later than June 10, 2010. A corporation must be represented by counsel and cannot proceed pro se. Palazzo v. Gulf Oil Corp., 764 F. 2d 1381, 1385 (11th Cir. 1985). Defendant corporations' failure to appear by counsel by June 10, 2010, will result in a default judgment against Defendants. See Grace v. Bank Leumi Trust Co. of NY, 443 F.3d 180, 192 (2d Cir. 2006). Defendant Francis shall file either a notice of intent to proceed pro se or notice of appearance of new counsel not later than June 10, 2010.

Defendants shall immediately advise their new counsel that this case will be scheduled for jury trial during the third or fourth week of the first calendar month following the date a decision is rendered by the Eleventh Circuit on Plaintiffs' appeal. Trial will not be continued in the event Defendants fail to cause the appearance of new counsel as required by this Order.

ORDERED on May 11, 2010. /s/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE