Minx International, Inc. v. Rue 21 Inc et al

Filing 62

MINUTES (IN CHAMBERS) - APPLICATION OF NIXON PEABODY LLP TO WITHDRAW AS COUNSEL OF RECORD FOR RUE 21 INC. 55 by Judge Christina A. Snyder. Upon consideration of the Application the Court finds good cause to permit counsel to withdraw. Accordi ngly, the Application is GRANTED. Stacy Riordan and Neal Guager are hereby relieved as counsel for Rue. On March 16, 2017, plaintiff filed a notice of partial settlement notifying the Court of its intent to file a dismissal of all claims against Rue. Dkt. 57 . Rue is a corporate entity and therefore may not appear pro se. L.R. 832.9.2.3. Nixon Peabody, LLP shall serve a c opy of this minute order on defendant Rue forthwith. Notwithstanding Rue's apparent settlement with plaintiff and plaintiff's indication that it will dismiss claims against Rue, Nixon Peadbody, LLP is ordered to notify Rue of its obligation to obtain counsel, should it seek to make any further appearance in this matter. IT IS SO ORDERED. (lom)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

2:15-cv-05645-CAS (PLAx)

Title

MINX INTERNATIONAL, INC. v. RUE 21, INC. ET AL.

Present: The Honorable

Date

‘O’
April 5, 2017

CHRISTINA A. SNYDER

Catherine Jeang

Not Present

N/A

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS) - APPLICATION OF NIXON PEABODY LLP
TO WITHDRAW AS COUNSEL OF RECORD FOR RUE 21 INC.
(Dkt. 55, Filed March 10, 2017)

The Court finds this motion appropriate for decision without oral argument.
Fed.R.Civ.P. 78; Local Rule 7–15. Accordingly, the hearing date of April 10, 2017, is
vacated, and the matter is hereby taken under submission.
In the instant application, counsel for Rue 21, Inc. (“Rue”) explains that the
interests of defendant Club House Creations, Inc. (“Club House”) and Rue have become
adverse. Thus Nixon Peabody LLP’s representation of both defendants presented a
conflict of interests.
On March 24, 2017, Nixon Peabody LLP requested to withdraw as counsel for
Club House, dkt. 59, which the Court granted on March 27, 2017, dkt. 61. The instant
application to withdraw as counsel for Rue remained pending.
Upon consideration of the Application the Court finds good cause to permit
counsel to withdraw. Accordingly, the Application is GRANTED. Stacy Riordan and
Neal Guager are hereby relieved as counsel for Rue.
On March 16, 2017, plaintiff filed a notice of partial settlement notifying the Court
of its intent to file a dismissal of all claims against Rue. Dkt. 57. Rue is a corporate
entity and therefore may not appear pro se. L.R. 83–2.9.2.3. Nixon Peabody, LLP shall
serve a copy of this minute order on defendant Rue forthwith. Notwithstanding Rue’s
apparent settlement with plaintiff and plaintiff’s indication that it will dismiss claims
CV-549 (10/16)

CIVIL MINUTES – GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Date

‘O’

Case No.

2:15-cv-05645-CAS (PLAx)

April 5, 2017

Title

MINX INTERNATIONAL, INC. v. RUE 21, INC. ET AL.

against Rue, Nixon Peadbody, LLP is ordered to notify Rue of its obligation to obtain
counsel, should it seek to make any further appearance in this matter.
IT IS SO ORDERED.
Initials of Preparer

CV-549 (10/16)

CIVIL MINUTES – GENERAL

00
CMJ

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