IDEARC MEDIA LLC v. PALMISANO & ASSOCIATES, P.C. et al

Filing 71

ORDER granting Plaintiff's 63 Motion for Attorney Fees. Plaintiff is awarded $78,562.00 in attorney fees. ORDERED denying without prejudice James E. Brown, P.C.'s 70 Motion to Withdraw as Counsel of Record. Signed by Senior Judge James A Teilborg on 3/21/2014.(LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Idearc Media LLC,

No. CV-09-02147-PHX-JAT
Plaintiff,

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v.

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ORDER

Palmisano & Associates PC, et al.,

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Defendants.

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Pending before the Court is Plaintiff’s Motion for Award of Attorneys’ Fees and

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Related Non-Taxable Expenses (Doc. 63) and James E. Brown, P.C.’s Motion to

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Withdraw as Counsel of Record without Consent (Doc. 70). The Court now rules on the

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motions.

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I.

Motion for Award of Attorneys’ Fees

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Following the Court’s grant of summary judgment in favor of Plaintiff and against

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Defendants, (Doc. 61), Plaintiff moved for an award of attorneys’ fees, (Doc. 63), to

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which Plaintiff did not respond. In its September 5, 2013 Order, the Court stated:

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The Court could deem Defendants’ failure to respond to the
motion for attorneys’ fees to be consent to the Court granting
the Motion. See LRCiv 7.2(i) (stating that, if the required
answering memoranda are not served and filed, such
noncompliance may be deemed consent to the granting of the
motion and the Court may dispose of the motion summarily).
However, the Court will grant Defendants an additional ten
days from the date of this Order to respond to Plaintiff’s
Motion for Attorneys’ Fees (Doc. 63). Plaintiff shall have
seven days from the date the response is filed to file a reply in
support of their Motion for Attorneys’ Fees. However, if
Defendants fail to file a response within ten days of the date
of this Order, the Court will deem the non-response consent

to granting the Motion for Attorneys’ Fees and will award
such attorneys’ fees without further notice to the Parties.
Moreover, Defense counsel is warned that, in future cases, he
must comply with the Federal Rules of Civil Procedure and
the Local Rules of this Court and should not rely on the Court
granting sua sponte extensions of time.

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(Doc. 68 at 4-5). Accordingly, the Court ordered Defendants to file a response to

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Plaintiff’s Motion for Attorneys’ Fees and again warned Defendants that the Court would

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deem failure to respond as consent to granting the motion:
IT IS FURTHER ORDERED that Defendants shall file a
response to Plaintiff’s Motion for Attorneys’ Fees (Doc. 63)
within ten days of the date of this Order. Plaintiff shall have
seven days from the date the response is filed to file a reply in
support of their Motion for Attorneys’ Fees (Doc. 63). If
Defendants fail to file a response within ten days of the date
of this Order, the Court will deem the non-response consent
to granting the Motion for Attorneys’ Fees and will award
such attorneys’ fees without further notice to the Parties.

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(Id. at 5).

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Defendants have not filed a response. Therefore, for the reasons stated in the
Court’s September 5, 2013 Order, the Court deems Defendants’ failure to respond to be
consent to granting the motion. The Court grants Plaintiff’s Motion for Attorneys’ Fees.
II.

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Motion to Withdraw as Attorney
On September 18, 2013, counsel for Defendants moved, unopposed, to withdraw

as counsel of record. (Doc. 70). Because nothing remains pending in this case, the motion
to withdraw is denied without prejudice to refile it if counsel deems it to be necessary. If
counsel chooses to refile, counsel must address the fact that neither a corporation nor an
LLC may appear in federal court without counsel. D-Beam Ltd. P’ship v. Roller Derby
Skates, Inc., 366 F.3d 972, 973-74 (9th Cir. 2004); Pope Equity Trust v. Stradley, 818
F.2d 696, 697 (9th Cir. 1987).
III.

Conclusion
For the foregoing reasons,
IT IS ORDERED granting Plaintiff’s Motion for Attorneys’ Fees (Doc. 63) in

full; Plaintiff is awarded attorneys’ fees in the amount of $78,562.00.
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IT IS FURTHER ORDERED denying without prejudice James E. Brown, P.C.’s
Motion to Withdraw as Counsel of Record Without Consent (Doc. 70).
Dated this 21st day of March, 2014.

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