IO Group, Inc. et al v. GLBT, Ltd. et al

Filing 143

ORDER GRANTING JONATHAN CAPP'S MOTION TO WITHDRAW AS ATTORNEY OF RECORD FOR DEFENDANTS; VACATING HEARING; DIRECTIONS TO CLERK; DIRECTIONS TO CORPORATE DEFENDANTS. The corporate defendants are directed to cause new counsel to file a notice of app earance no later than December 30, 2011; failure to comply will result in entry of default as to any corporate defendant for which a notice of appearance is not timely filed. Signed by Judge Maxine M. Chesney on December 2, 2011. (mmclc1, COURT STAFF) (Filed on 12/2/2011) (Additional attachment(s) added on 12/2/2011: # 1 Certificate of Service) (tlS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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IO GROUP, INC., et al.,
Plaintiff,

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No. C-10-1282 MMC
ORDER GRANTING JONATHAN CAPP’S
MOTION TO WITHDRAW AS ATTORNEY
OF RECORD FOR DEFENDANTS;
VACATING HEARING; DIRECTIONS TO
CLERK; DIRECTIONS TO CORPORATE
DEFENDANTS

v.
GLBT, LTD., et al.,
Defendants.

/

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Before the Court is Jonathan Capp’s (“Capp”) “Motion to Withdraw as Attorney of

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Record,” filed November 4, 2011, by which he seeks leave to withdraw as attorney of

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record for defendants David Compton, Steven Compton, GLBT, Ltd., Mash and New, Ltd.,

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and Port 80, Ltd. (collectively, “defendants”). Defendants have not filed a response to the

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motion. Plaintiffs have filed a response, in which they seek imposition of two conditions if

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the motion is granted. Having read and considered the papers filed in support of and in

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response to the motion, the Court deems the matter suitable for decision on the above-

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referenced written submissions, VACATES the hearing scheduled for December 23, 2011,

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and rules as follows.

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1. Good cause appearing, Capp’s motion to withdraw is hereby GRANTED. See

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Cal. Rules Prof. Conduct R. 3-700(C)(1)(d) (providing counsel may withdraw where client’s

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“conduct renders it unreasonably difficult for [counsel] to carry out the employment

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effectively”).
2. Plaintiff’s request for the imposition of conditions is hereby DENIED. First,

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plaintiffs have failed to show a need for an order requiring Capp to continue to accept

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service of behalf of any defendant; plaintiffs may accomplish service on all defendants by

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mailing copies of plaintiffs’ filings to the address set forth below. Second, as to the

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corporate defendants, plaintiffs have failed to show they are entitled to immediate entry of

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default; as set forth below, the corporate defendants first will be afforded leave to obtain

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new counsel.

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3. The Clerk is hereby DIRECTED to amend the docket to reflect the following
contact information for defendants:
Office 44
151 High Street
Southampton, Hampshire
SO14 2BT
United Kingdom

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4. Defendants GLBT, Ltd., Mash and New, Ltd., and Port 80, Ltd. are hereby

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ADVISED that they may not appear in court without counsel. See United States v. High

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Country Broadcasting Company, Inc., 3 F.3d 1244, 1245 (9th Cir. 1993) (affirming entry of

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default judgment against corporation where corporation failed to retain counsel).

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Accordingly, said corporate defendants are hereby DIRECTED to cause new counsel to file

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a notice of appearance no later than December 30, 2011; failure to comply will result in

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entry of default as to any corporate defendant for which a notice of appearance is not

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timely filed. See id.

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IT IS SO ORDERED.

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Dated: December 2, 2011
MAXINE M. CHESNEY
United States District Judge

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