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.)

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Case 2:21-cv-00753-DAD-AC Document 99 Filed 01/19/23 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 R.R. DONNELLEY & SONS CO., 12 13 14 15 No. 2:21-cv-00753 DAD AC Plaintiff, v. ORDER JOHN PAPPAS, III, et al, Defendants. 16 17 Before the court is a motion to withdraw as counsel by Buchalter, a Professional 18 Corporation. ECF No. 87. Buchalter is counsel of record for defendants and counter-claimants 19 John Pappas III and Merilitz, Inc. Pappas and Meriliz were served with the notice of the motion 20 and have not come forth in opposition. The court held a hearing on January 18, 2023 at which 21 counsel Dylan W. Wiseman appeared for Buchalter. Considering counsel’s representations and 22 all supporting papers, and finding good cause, IT IS ORDERED that Buchalter’s motion is 23 GRANTED. Buchalter’s representation of defendants and counter-claimants John Pappas III and 24 Merilitz, Inc., dba Dome Printing, is terminated as of January 18, 2023 at 10:30 a.m. 25 It is further ORDERED that John Pappas III and Merilitz, Inc. have 30 days from the date 26 of this order to secure new counsel. That is the deadline for new counsel to appear in conformity 27 with Local Rule 182(a)(2). The court notes that if counsel does not appear on behalf of Mr. 28 Pappas within 30 days, he will thereafter (unless and until counsel subsequently appears on his 1 Case 2:21-cv-00753-DAD-AC Document 99 Filed 01/19/23 Page 2 of 2 1 behalf) proceed in pro se in accordance with Local Rule 183. However, Merilitz, Inc., as a 2 business entity, must be represented by counsel. Reading Int’l, Inc. v. Malulani Grp., Ltd., 814 3 F.3d 1046, 1053 (9th Cir. 2016). If no counsel appears on behalf of Merlitz, Inc., it will lose its 4 right to defend itself and to prosecute any counterclaims in this case. 5 DATED: January 18, 2023 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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