Global Garlic, Inc. v. Distribuidora Mi Honduras, LLC

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 20-cv-23423-BLOOM/Louis

GLOBAL GARLIC, INC.,

Plaintiff,

v.

DISTRIBUIDORA MI HONURAS, LLC and OMAR CERNA RUBINSTEIN,

Defendants. __________________________________/

ORDER THIS CAUSE is before the Court upon a sua sponte review of the record. On September 16, 2020, Defendants Omar Cerna Rubinstein (“Rubinstein”) and Distribuidora Mi Honduras, LLC (“DMH”), both proceeding pro se, filed a Motion to Dismiss, ECF No. [7], in response to Plaintiff’s Complaint, ECF No. [1]. Because DMH is a limited liability company, it is an “artificial entity that can act only through agents[,] cannot appear pro se, and must be represented by counsel.” Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985) (citations omitted); see also United States v. Hagerman, 549 F.3d 536, 537 (7th Cir. 2008) (“[A] limited liability company . . . , like a corporation, cannot litigate in a federal court unless it is represented by a lawyer.” (citations omitted)). No representation has been made that Rubinstein is an attorney serving as DMH’s counsel who may appear before the Court. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Motion to Dismiss, ECF No. [7], is STRICKEN. Case No. 20-cv-23423-BLOOM/Louis

2. Defendant Distribuidora Mi Honduras, LLC shall have until October 8, 2020, to retain counsel, who, by such date, must file a notice of appearance and submit DMH’s response to Plaintiff's Complaint or show cause why default should not be entered. 3. Defendant Omar Cerna Rubinstein, proceeding pro se, may separately refile a response to Plaintiff's Complaint solely on his own behalf by no later than October 8, 2020. DONE AND ORDERED in Chambers at Miami, Florida, on September 17, 2020.

BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record Distribuidora Mi Honduras, LLC and Omar Cerna Rubinstein 850 E Gude Drive Ste. B Rockville, MD 20850