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)

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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. : : : : : CIVIL ACTION NO. 11-00236-KD-B : : : : : 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 3

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