KOVACS v. NATIONAL HEBREW GLATT, INC. (S.D.Fla. 7-2-2008)

ISTAN KOVACS Plaintiff, v. NATIONAL HEBREW GLATT, INC., and HANA KOOT, Defendants.

Case No. 05-23125-CIV-HUCK/O’SULLIVAN.United States District Court, S.D. Florida.
July 2, 2008

ORDER
JOHN O’SULLIVAN, Magistrate Judge

THIS MATTER came before the Court on Counsel for Third Parties’ Unopposed Motion to Withdraw (DE# 194, 6/17/08) and Third Party Shapiro’s Motion to Appear Pro Se (DE# 195, 6/19/08). Having reviewed the applicable filings and law, it is

ORDERED AND ADJUDGED that Counsel for Third Parties’ Unopposed Motion to Withdraw (DE# 194, 6/17/08) is GRANTED.

1. Third party K S Foods, LLC., will be allowed until July16, 2008, to retain new counsel, and for said counsel to enter a formal appearance with this Court.

2. Paul F. Penichet, P.A. is permitted to withdraw from future representation of K S Foods, LLC., effective July 16, 2008 or upon appearance of new counsel, which ever occurs first.

3. In the event that K S Foods, LLC., fails to retain new counsel, K S Foods, LLC., will not be permitted to defend itself in this action because K S Foods, LLC., is a corporation and cannot proceed pro se. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985) (“The rule is well established that a corporation is an artificial entity that can act only through its agents, cannot appear pro se, and must be represented by counsel.”).

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4. Attorney Paul F. Penichet shall promptly notify his clients of this order by mailing or serving a copy on Akiva Shapiro and on a corporate representative of K S Foods, LLC., it is further

ORDERED AND ADJUDGED that Third Party Shapiro’s Motion to Appear Pro Se (DE# 195, 6/19/08) is GRANTED. Third party Akiva Shapiro shall appear before the Court only on his own behalf.

DONE AND ORDERED, in Chambers, in Miami, Florida.