Opinion
CV422-136
07-05-2022
UNITED STATES OF AMERICA, Plaintiff, v. ATLANTIC FOOT AND ANKLE SPECIALISTS, PC, Defendant.
ORDER
CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE.
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 Fed.Appx. 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. 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 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.
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 Fed.Appx. at 976.
SO ORDERED.