Opinion
CASE NO. 16-81662-CIV-DIMITROULEAS
01-31-2018
SREAM, INC., a California Corporation, Plaintiff, v. HABSA ENTERPRISE, INC., a Florida Corporation, Defendant.
OMNIBUS ORDER
THIS CAUSE is before the Court upon Defendant's January 22, 2018 Motion to Continue Mediation Pending Resolution of the Fully Briefed Dispositive Motions for Summary Judgment or, Alternatively, Motion to Withdraw as Counsel [DE 48]; the January 26, 2018 Mediator's Report [DE 49]; and Plaintiff's January 29, 2018 Motion for Sanctions [DE 50]. The Court has carefully considered the filings and is otherwise fully advised in the premises.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Defendant's Motion to Continue Mediation Pending Resolution of the Fully Briefed Dispositive Motions for Summary Judgment or, Alternatively, Motion to Withdraw as Counsel [DE 48] is DENIED AS MOOT as to the motion to continue mediation pending resolution of the summary judgment motion. The Court entered an Order ruling on the summary judgment motion on January 30, 2018. See [DE 51].
2. The Court notes that pursuant to the Court's Scheduling Order, the deadline for the parties to complete mediation has not yet occurred. See [DE 28].
3. The Court shall defer ruling on the Motion to Withdraw as Counsel until February 9, 2018 to allow Defendant HABSA ENTERPRISE, INC. an opportunity to file any objections to the Motion. A failure to timely file objections will result in the granting of the Motion to Withdraw.
4. Counsel for Defendant shall serve a copy of this Order upon Defendant on or before February 2, 2018 and file a notice with the Court stating that they have done so.
5. The Court reminds Defendant that it is a well-settled principle of law that a corporation cannot appeal' pro se and must be represented by counsel. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385-1386 (11th Cir. 1985), cert. denied, 474 U.S. 1058 (1986); National Independent Theater Exhibitors, Inc. v. Buena Vista Distribution Company, 748 F.2d 602, 609 (11th Cir. 1985), cert. denied 471 U.S. 1056 (1985).
6. Pursuant to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the Court REFERS Plaintiff's Motion for Sanctions [DE 50] to United States Magistrate Judge Lurana S. Snow for appropriate disposition or report and recommendation.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 31st day of January, 2018.
/s/_________
WILLIAM P. DIMITROULEAS
United States District Judge Copies furnished to:
Counsel of record