Sylvan Learning Inc. v. Learning Solutions, Inc. et al

Filing 44

ORDER granting 43 Motion to Withdraw by George Irvine and Benjamin Heinz. Baldwin Management, Inc. and Learning Solutions have until 12/9/11 to obtain new counsel. Objection to R&R is extended to 12/9/11. This order mailed certified to defendants as set out.. Signed by Magistrate Judge Sonja F. Bivins on 11/21/2011. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
SYLVAN LEARNING, INC.,
Plaintiff,
vs.
LEARNING SOLUTIONS, INC.,
et al.,
Defendants.

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: CIVIL ACTION NO. 11-00236-KD-B
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ORDER

This action is before the Court on the motion of George R.
Irvine, III, of the firm of Stone, Granade & Crosby, P.C., and
Benjamin C. Heinz to withdraw as counsel for Defendants Baldwin
Management, Inc., Martha Blow, Richard Blow, Learning Solutions,
Inc., Dale Logan, and Elizabeth Logan. (Doc. 43).

As grounds

for said motion, counsel asserts that Defendants retained them
for “an engagement of limited scope”, that the scope has been
reached,

and

that

no

agreement

has

been

reached

regarding

continuing representation of Defendants in this action.

Counsel

further

of

asserts

that

Defendants

have

been

advised

the

impending deadlines, and of the instant motion.
Upon consideration, and for good cause shown, Mr. Irvine
III

and

Mr.

Corporations,

Heinz’s

such

as

Motion

Baldwin

to

Withdraw

Management,

Inc.,

is

GRANTED.

and

Learning

Solutions, Inc. are prohibited from appearing in federal court

without counsel.
1381,

1385

See e.g., Palazzo v. Gulf Oil Corp., 764 F.2d

(llth

Cir.

Exhibitors, Inc.

1985);

National

Independent

Theatre

v. Buena Vista Distribution Co., 748 F. 2d

602, 604 (llth Cir. 1984)(“This rule ensures that a licensed
attorney, an officer of the court, is responsible for conducting
the corporation's litigation.”) Accordingly, Baldwin Management,
Inc.

and

Learning

Solutions,

Inc.

are

granted

leave

until

December 9, 2011 to obtain new counsel, and are cautioned that
the

failure

of

a

corporate

entity

to

obtain

counsel,

in

violation of a court order or rule to do so, has repeatedly been
held

to

support

violations

of

default

other

judgment,

rules

or

even

orders.

in

the

absence

American

of

Resources

Insurance Company, Inc. v. the Evoleno Company, LLC., 2008 U.S.
Dist. LEXIS 86310 (S.D. Ala. October 23, 2008)(citing Employee
Painters' Trust v. Ethan Enterprises, Inc., 480 F.3d 993, 998
(9th Cir. 2007); Grace v. Bank Leumi Trust Co., 443 F.3d 180,
192 (2nd Cir. 2006); Forsythe v. Hales, 255 F.3d 487, 490 (8th
Cir. 2001)).
Additionally, the time for objections to the Report and
Recommendation

(Doc.

41),

entered

on

November

4,

2011,

is

extended to December 9, 2011.
The Clerk is directed to send a copy of this Order, via
certified

mail,

return

receipt,

to

Defendants

Baldwin

Management, Inc., Martha Blow, Richard Blow, Learning Solutions,
2

Inc., Dale Logan, and Elizabeth Logan.
DONE this 21st day of November, 2011.
/s/ SONJA F. BIVINS_____
UNITED STATES MAGISTRATE JUDGE

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