HJOE Monday, March 06, 2017
27 motion Adjourn Conference Mon 3:50 PM
MOTION to Adjourn Conference by KBM Worldwide, Inc.. (Johnson, Robert)
order Order on Motion to Withdraw as Attorney Mon 2:41 PM
ELECTRONIC ORDER RE25 Motion to Withdraw as Attorney. Effective April 17, 2017, the application by attorney Robert J. Young and the firm Ellsworth Young LLP to withdraw as counsel to defendants Hangover Joe's Holding Corp. and Matthew Veal based on the existence an irreconcilable conflict between attorneys and client and the breakdown of the attorney-client relationship is hereby Granted. During this time Mr. Young is directed to advise Mr. Veal that he has until April 17, 2017 in which to secure new counsel or proceed pro se. Mr. Veal is directed to submit a letter indicating whether he intends to retain new counsel or proceed pro se by April 14, 2017. Mr. Veal is advised that he must provide a current address with the Court and a failure to inform the Court that he either retained new counsel or will be proceeding pro se or the failure to provide a current address may result in a recommendation that the case be dismissed for failure to prosecute. Furthermore, Mr. Young is directed to advise defendant Hangover Joe's Holding Corp. that since a corporate entity cannot be permitted to proceed pro se, Hangover Joe's Holding Corp. must secure new counsel and have new counsel file a notice of appearance by April 14, 2017. Defendant Hangover Joe's Holding Corp. is advised that the failure to secure new counsel by that time may result in a recommendation of entry of default judgment against the corporate defendant. See Rowland v. California Men's Coloney, 506 U.S. 194, 202-03 (1993)("It has been the law for the better part of two centuries... that a corporation may appear in federal courts only through licensed counsel". Mr. Young shall serve a copy of this Electronic Order upon defendants forthwith and electronically file proof of service. Ordered by Magistrate Judge Gary R. Brown on 3/6/2017. c/ecf (Johnston, Linda)
27 motion Adjourn Conference Mon 3:50 PM
MOTION to Adjourn Conference by KBM Worldwide, Inc.. (Johnson, Robert)
order Order on Motion to Withdraw as Attorney Mon 2:41 PM
ELECTRONIC ORDER RE25 Motion to Withdraw as Attorney. Effective April 17, 2017, the application by attorney Robert J. Young and the firm Ellsworth Young LLP to withdraw as counsel to defendants Hangover Joe's Holding Corp. and Matthew Veal based on the existence an irreconcilable conflict between attorneys and client and the breakdown of the attorney-client relationship is hereby Granted. During this time Mr. Young is directed to advise Mr. Veal that he has until April 17, 2017 in which to secure new counsel or proceed pro se. Mr. Veal is directed to submit a letter indicating whether he intends to retain new counsel or proceed pro se by April 14, 2017. Mr. Veal is advised that he must provide a current address with the Court and a failure to inform the Court that he either retained new counsel or will be proceeding pro se or the failure to provide a current address may result in a recommendation that the case be dismissed for failure to prosecute. Furthermore, Mr. Young is directed to advise defendant Hangover Joe's Holding Corp. that since a corporate entity cannot be permitted to proceed pro se, Hangover Joe's Holding Corp. must secure new counsel and have new counsel file a notice of appearance by April 14, 2017. Defendant Hangover Joe's Holding Corp. is advised that the failure to secure new counsel by that time may result in a recommendation of entry of default judgment against the corporate defendant. See Rowland v. California Men's Coloney, 506 U.S. 194, 202-03 (1993)("It has been the law for the better part of two centuries... that a corporation may appear in federal courts only through licensed counsel". Mr. Young shall serve a copy of this Electronic Order upon defendants forthwith and electronically file proof of service. Ordered by Magistrate Judge Gary R. Brown on 3/6/2017. c/ecf (Johnston, Linda)
