R. R. Donnelley & Sons Company v. Pappas

Filing 99

ORDER signed by Magistrate Judge Allison Claire on 01/18/2023 GRANTING the #87 Motion to Withdraw as Attorney and DIRECTING John Pappas III and Merilitz, Inc. to secure new counsel within 30 days. (Spichka, K.)

Case 2:21-cv-00753-DAD-AC Document 99 Filed 01/19/23 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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R.R. DONNELLEY & SONS CO.,

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No. 2:21-cv-00753 DAD AC

Plaintiff,
v.

ORDER

JOHN PAPPAS, III, et al,
Defendants.

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Before the court is a motion to withdraw as counsel by Buchalter, a Professional

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Corporation. ECF No. 87. Buchalter is counsel of record for defendants and counter-claimants

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John Pappas III and Merilitz, Inc. Pappas and Meriliz were served with the notice of the motion

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and have not come forth in opposition. The court held a hearing on January 18, 2023 at which

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counsel Dylan W. Wiseman appeared for Buchalter. Considering counsel’s representations and

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all supporting papers, and finding good cause, IT IS ORDERED that Buchalter’s motion is

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GRANTED. Buchalter’s representation of defendants and counter-claimants John Pappas III and

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Merilitz, Inc., dba Dome Printing, is terminated as of January 18, 2023 at 10:30 a.m.

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It is further ORDERED that John Pappas III and Merilitz, Inc. have 30 days from the date

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of this order to secure new counsel. That is the deadline for new counsel to appear in conformity

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with Local Rule 182(a)(2). The court notes that if counsel does not appear on behalf of Mr.

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Pappas within 30 days, he will thereafter (unless and until counsel subsequently appears on his
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Case 2:21-cv-00753-DAD-AC Document 99 Filed 01/19/23 Page 2 of 2
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behalf) proceed in pro se in accordance with Local Rule 183. However, Merilitz, Inc., as a

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business entity, must be represented by counsel. Reading Int’l, Inc. v. Malulani Grp., Ltd., 814

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F.3d 1046, 1053 (9th Cir. 2016). If no counsel appears on behalf of Merlitz, Inc., it will lose its

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right to defend itself and to prosecute any counterclaims in this case.

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DATED: January 18, 2023

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