TTEE v. Lewis

• Court: District Court, S.D. Florida
• Decided: August 26, 2024
• Docket: 0:24-cv-61311
• Status: Unknown

Opinion

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 24-61311-CIV-SINGHAL

M.L. WARRANT TTEE OF THE SOVO TRUST FOUNDATION,

Plaintiff,

v.

STEVEN LEWIS OF H GREG LUX,

Defendant. ______________________________________/ ORDER

THIS CAUSE is before the Court on Defendant’s Motion to Dismiss (DE [17]) filed on August 6, 2024. No response to the motion has been filed and, therefore, the motion may be granted by default. See Local Rule 7.1(c)(1) (failure to respond to a motion within 14 days “may be deemed sufficient cause for granting the motion by default”). The Court will address one issue raised by Defendant and that is Plaintiff’s pro se status. Plaintiff M.L. Warrant is suing as the trustee of the Sovo Trust Foundation. (DE [1]). An artificial entity such as a “trust cannot appear pro se and must be represented by counsel.” J.J. Rissell, Allentown, PA Tr. V. Marchelos, 976 F.3d 1233, 1235 (11th Cir. 2020); Chase Bank USA, N.A. v. Jacucci, 2020 WL 10229080, at *1 (S.D. Fla. Jan. 17, 2022). The Trust plaintiff is not represented by counsel in this action and has not responded to Defendant’s Motion to Dismiss. Accordingly, it is hereby ORDERED AND ADJUDGED that Defendant’s Motion to Dismiss (DE [17]) is GRANTED. Plaintiff’s Complaint is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is directed to CLOSE this case and DENY AS MOOT any pending motions. Plaintiff may file an Amended Complaint by September 13, 2024. Plaintiff may only appear through an attorney who is a member of the Southern District of Florida Bar or who files a properly supported Motion to Appear Pro Hac Vice. DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 26th day of August 2024. \

RAAG 5 UNITED STATES DISTRICT JUDGE

Copies furnished counsel via CM/ECF And by US Mail to: M.L. Warren pro se PO Box 122432 Fort Worth TX 76121