United States v. Atlantic Foot and Ankle Specialists, P.C.

• Court: District Court, S.D. Georgia
• Decided: July 5, 2022
• Docket: 4:22-cv-00136
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION UNITED STATES ) OF AMERICA, ) ) Plaintiff, ) ) v. ) CV422-136 ) ATLANTIC FOOT AND ) ANKLE SPECIALISTS, PC, ) ) Defendant. ) ORDER The United States of America filed this lawsuit against Atlantic Foot and Ankle Specialists, PC (“AFAS”), alleging breach of contract. See generally doc. 1. It then moved for summary judgment. Doc. 5. AFAS filed responsive pleadings; however, they were signed by Melissa Robitaille, a non-lawyer attempting to proceed pro se on behalf of the entity. See docs. 7 at 2 (“Defendant pro se (for now)”); 8 at 16 (same); 11 at 2 (same); see also doc. 12 (motion submitted by Robitaille on entity’s behalf). Because AFAS is an entity and therefore cannot proceed pro se, the Court directed it to retain counsel by July 24, 2022. Doc. 9 at 3-4. (citing Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985)). The United States has moved to stay these proceedings pending AFAS’s compliance with that Order. Doc. 10.

“It is well-settled that a corporate entity must appear and litigate through counsel, and cannot proceed pro se.” Potter v. Altman, 647 F.

App’x 974, 976 (11th Cir. 2016) (citing Palazzo, 764 F.2d at 1385)). Considering AFAS’s current inability to litigate, a stay is appropriate. See Clinton v. Jones, 520 U.S. 681, 706 (1997) (recognizing the Court’s

“broad discretion” to stay proceedings); Johnson v. Bd. of Regents of Univ. of Georgia, 263 F.3d 1234, 1269 (11th Cir. 2001) (district courts have “broad discretion over the management of pre-trial activities, including

discovery and scheduling.”). The United States’ motion is, therefore, GRANTED.1 Doc. 10. The Clerk is DIRECTED to STAY all deadlines in this case. The stay shall be lifted upon the entry of appearance of

counsel for Atlantic Foot and Ankle Specialist, PC. If, however, counsel

1 Generally, opposing parties are afforded fourteen days to respond to motions. See S.D. Ga. L. Civ. R. 7.5. However, considering AFAS is not currently represented by an attorney, it cannot file a response. See Potter, 647 F. App’x at 976. does not appear, the United States is DIRECTED to file either a status

report or a motion to lift the stay within 60 days of the date of this Order. SO ORDERED, this 5th day of July, 2022.

CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA