Global Digital Solutions Inc (GDSI)

[Arcade314]

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 18-80106-civ-Middlebrooks/Brannon GLOBAL DIGITAL SOLUTIONS, INC.,

Plaintiff,

GRUPO RONTAN ELECTRO METALURGICA, S.A., JOAO ALBERTO BOLZAN, and

JOSE CARLOS BOLZAN,

Defendants.

I

ORDER DENYING MOTION TO DISMISS OR STAY

PURSUANT TO FLA. STAT.§ 607.1502

THIS CAUSE is before the Court on Defendants' "Motion to Dismiss or, Alternatively, to Stay
Action Pursuant to Fla. Stat.§ 607.1502," filed on December 6, 2018. (DE 19). Florida law
prohibits foreign corporations from maintaining a proceeding in any court in the state until it
obtains a certificate of authority and permits courts to stay proceedings commenced by
an uncertified foreign corporation until it obtains a certificate. Fla. Stat. § 607.1502(1}-(3).
When a federal court sits in diversity, a corporation's capacity to sue is governed by state law,
Woods v. Interstate Realty Co., 337 U.S. 535, 538 (1949), and accordingly, Defendant
argues that Plaintiffs lack of a certification at the time this action was initiated warrants
dismissal or a stay.

Plaintiff filed a response in opposition, however, indicating that Plaintiffs
certification was subsequently re-issued on December 18, 2018. (DE 26). The signed certificate
is appended to Plaintiffs response. (DE 26-1). Defendants did not file a reply. Accordingly, it
is

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