IO Group, Inc. et al v. GLBT, Ltd. et al
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).
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
IO GROUP, INC., et al.,
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
GLBT, LTD., et al.,
Before the Court is Jonathan Capp’s (“Capp”) “Motion to Withdraw as Attorney of
Record,” filed November 4, 2011, by which he seeks leave to withdraw as attorney of
record for defendants David Compton, Steven Compton, GLBT, Ltd., Mash and New, Ltd.,
and Port 80, Ltd. (collectively, “defendants”). Defendants have not filed a response to the
motion. Plaintiffs have filed a response, in which they seek imposition of two conditions if
the motion is granted. Having read and considered the papers filed in support of and in
response to the motion, the Court deems the matter suitable for decision on the above-
referenced written submissions, VACATES the hearing scheduled for December 23, 2011,
and rules as follows.
1. Good cause appearing, Capp’s motion to withdraw is hereby GRANTED. See
Cal. Rules Prof. Conduct R. 3-700(C)(1)(d) (providing counsel may withdraw where client’s
“conduct renders it unreasonably difficult for [counsel] to carry out the employment
2. Plaintiff’s request for the imposition of conditions is hereby DENIED. First,
plaintiffs have failed to show a need for an order requiring Capp to continue to accept
service of behalf of any defendant; plaintiffs may accomplish service on all defendants by
mailing copies of plaintiffs’ filings to the address set forth below. Second, as to the
corporate defendants, plaintiffs have failed to show they are entitled to immediate entry of
default; as set forth below, the corporate defendants first will be afforded leave to obtain
3. The Clerk is hereby DIRECTED to amend the docket to reflect the following
contact information for defendants:
151 High Street
4. Defendants GLBT, Ltd., Mash and New, Ltd., and Port 80, Ltd. are hereby
ADVISED that they may not appear in court without counsel. See United States v. High
Country Broadcasting Company, Inc., 3 F.3d 1244, 1245 (9th Cir. 1993) (affirming entry of
default judgment against corporation where corporation failed to retain counsel).
Accordingly, said corporate defendants are hereby DIRECTED to cause new counsel to file
a notice of appearance 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. See id.
IT IS SO ORDERED.
Dated: December 2, 2011
MAXINE M. CHESNEY
United States District Judge
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