VIRGINIA M. HERNANDEZ COVINGTON, District Judge.
This matter comes before the Court pursuant to Defendant Exxelot Corporation's response (Doc. ## 38,40-41) to the Court's January 5, 2012, Order granting the motion to withdraw as attorney (Doc. # 34). For the reasons that follow, the Court will allow Exxelot until and including March 7, 2012, in which to hire substitute counsel. Failing which, this Court will entertain an appropriate motion to strike Exxelot's pleadings, subjecting Exxelot to default judgment.
On June 28, 2011, Plaintiff filed a complaint in state court against Defendants Exxelot Corporation and Ryla Teleservices, Inc., alleging violations of the Fair Labor Standards Act. (Doc. # 1). The case was removed to this Court on July 27, 2011. (
On or about January 26, 2012, Sherry L. Offord, President and CEO of Exxelot, filed three copies of a letter dated January 23, 2012, in response to the Order. (Doc. # 38, 40-41). The letter states that Exxelot is unable to afford any further legal services and cannot comply with the Court's Order to retain new counsel by February 6, 2012. A review of the record shows that no new notice of appearance has been filed in this action on behalf of Exxelot.
Pursuant to Middle District of Florida Local Rule 2.03(e), "A corporation may appear and be heard only through counsel admitted to practice in the Court." Further, a long line of cases maintains that corporations may not appear pro se in this Court.
Notwithstanding the cases cited above, the Court acknowledges that the parties are, of course, always free to resolve their dispute without legal representation through alternative means outside the Court's province. However, if Exxelot intends to continue to litigate in this Court, it must have legal representation. In the interests of fairness, the Court will allow Exxelot until and including March 7, 2012, to hire an attorney. However, if a notice of appearance of counsel is not filed on behalf of Exxelot by or on March 7, 2012, Exxelot's answer and affirmative defenses filed on August 3, 2011, will be subject to being stricken upon the filing of an appropriate motion. Thereafter, Exxelot will be poised for the entry of default against it.
Accordingly, it is
Exxelot Corporation has until and including March 7, 2012, to retain new counsel. Absent a notice of appearance of counsel filed on behalf of Exxelot by March 7, 2012, this Court will entertain an appropriate motion to strike Exxelot's pleadings. Thereafter, Exxelot will be poised for the entry of default against it.