Opinion
CV421-334
05-12-2023
DANIEL DEFENSE, LLC, Plaintiff, v. THE TACTICAL EDGE, LLC, Defendant.
ORDER
CHRISTOPHER L. RAY, UNITED STATES MAGISTRATE JUDGE
The Court previously granted attorney Ryan W Schmidt's Motion to Withdraw as Attorney for Defendant The Tactical Edge, LLC (“Tactical Edge”). Doc. 55. Since, as a limited liability company, Tactical Edge cannot appear to defend this action without counsel, the Court directed Schmidt to notify the company of its obligation to retain counsel. Id. (citing Palazzo v. Gulf Oil Co., 764 F.2d 1381, 1385 (11th Cir. 1985)). Schmidt complied, certifying to the Court that he sent Tactical Edge a copy of the Court's Order along with “notice of their obligation to retain new counsel” on April 10, 2023. Doc. 56. Four weeks have passed since Schmidt notified Tactical Edge of its obligation to retain counsel, yet the company remains unrepresented. See generally docket.
As the Court's prior Order indicated, see doc. 55 at 2, corporate defendants cannot appear without counsel. Palazzo, 764 F.2d at 1385 (“[A] corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel.”). The Tactical Edge, LLC is therefore DIRECTED to retain counsel, who must enter his or her appearance within 30 days from the date of this Order or SHOW CAUSE why it has not yet complied within that same time frame. Failure to do so could subject it to default. See, e.g., CNH Capital America, LLC v. Southeastern Aggregate, Inc., 2009 WL 2391242 (S.D. Ga. Aug. 4, 2009) (directing clerk of court to enter default against corporate defendant that failed to obtain substitute counsel as directed by the Court, recognizing that “the failure of an artificial entity to obtain counsel, in violation of a court order or rule to do so, has repeatedly been held to support default judgment, even absent violations of other rules or orders.” (internal citations omitted)). Additionally, the Court cannot and will not entertain any pleadings or motions filed by Tactical Edge until it has obtained counsel. See N. Augusta Mgmt. Grp., LLC v. Sw. Golf Grp., Inc., 2011 WL 1151128, at *1 (S.D. Ga. Mar. 28, 2011).
Since Schmidt has withdrawn, and no substitute counsel has appeared, the Court also lacks an address where Tactical Edge may be served. See generally docket. In the absence of any such address, the Clerk is DIRECTED to send a copy of this Order to the address where Schmidt sent his notice:
The Tactical Edge, LLC
c/o Robert Snyder
219 Industrial Drive, Unit B
Clarksville, TN 37040See doc. 56 at 2. The Clerk is further DIRECTED to send a copy to The Tactical Edge, LLC's registered agent listed in filings with the Tennessee Secretary of State:
Robert Snyder
Registered Agent: The Tactical Edge, LLC
1253 Meachem Drive
Clarksville, TN 37042
SO ORDERED.