Federal Trade Commission et al v. Dalbey et al

Filing 123

MINUTE ORDER granting 118 Motion to Clarify. The portion of the Court's Minute Order 112 asserting that Attorney Barron and Attorney Goteiner ever represented or would continue to represent the Entity Defendants is VACATED. The Clerk of the Court is instructed to remove Attorney Goteiner's name from the electronic certificate of mailing. Granting 119 Motion to Withdraw as Attorney. Attorney Deborah Kristina Barron terminated, by Magistrate Judge Kristen L. Mix on 10/17/11.(lsw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01396-RBJ-KLM
FEDERAL TRADE COMMISSION and
STATE OF COLORADO, ex rel. JOHN W. SUTHERS, ATTORNEY GENERAL,
Plaintiffs,
v.
RUSSELL T. DALBEY,
DEI, LLLP,
DALBEY EDUCATION INSTITUTE, LLC,
IPME, LLLP,
CATHERINE L. DALBEY, and
MARSHA KELLOGG,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the Motion to Clarify the Court’s Order
Granting Farella Braun + Martel, LLP’s Motion to Withdraw [Docket No. 118; Filed
October 12, 2011] (the “Motion to Clarify”), filed by Attorney Neil A. Goteiner (“Goteiner”),
and on the Motion of Deborah K. Barron to Withdraw Representation and Written
Notification Certificate [Docket No. 119; Filed October 12, 2011] (the “Motion to
Withdraw”), filed by Attorney Deborah K. Barron (“Barron”). Attorney Goteiner and Attorney
Barron represent that both the Motion to Clarify and the Motion to Withdraw are
unopposed. On October 3, 2011, the Court issued a Minute Order [#112] granting Attorney
Goteiner’s motion to withdraw as counsel for Defendants Russell T. Dalbey and Catherine
L. Dalbey (collectively, the “Dalbeys”) and stating, in part, that the Entity Defendants,
consisting of Defendants DEI, LLP; Dalbey Education Institute, LLC; and IPME, LLLP,
“shall continue to be represented by Attorney Deborah Kristina Barron and Attorney Neil
Andrew Goteiner.” See Minute Order [#112] at 2. At that time, the docket sheet for this
case incorrectly listed Attorney Barron and Attorney Goteiner as representing the three
Entity Defendants as well as the Dalbeys. The docket sheet has since been corrected.
Accordingly,
IT IS HEREBY ORDERED that the Motion to Clarify [#118] is GRANTED and that
the portion of the Court’s Minute Order [#112] asserting that Attorney Barron and Attorney
-1-

Goteiner ever represented or would continue to represent the Entity Defendants is
VACATED.1 The Clerk of the Court is instructed to remove Attorney Goteiner’s name from
the electronic certificate of mailing.
IT IS FURTHER ORDERED that the Motion to Withdraw [#119] is GRANTED.
Attorney Barron is relieved of any further representation of the Dalbeys in this case. The
Clerk of the Court is instructed to terminate Attorney Barron as counsel of record and to
remove her name from the electronic certificate of mailing. The Dalbeys shall continue to
be represented by Attorney Jose Dino Vasquez, Attorney Kenzo Sunao Kawanabe,
Attorney Lauren Michele Mitchell, and Attorney Paul Richard Brown.

Dated: October 17, 2011

1

According to Plaintiffs, the three Entity Defendants “have each filed Chapter 7 bankruptcy
petitions and no one has entered an appearance in this case on their behalf.” See Plaintiffs’ Motion
to Strike Defendants’ Jury Demand and Several Affirmative Defenses, and Motion for a More
Definite Statement with Respect to Some Affirmative Defenses [#120] at 2. On October 3, 2011,
the Court granted the motion to withdraw made by the Entity Defendants’ original counsel, Attorney
Andrew R. Shoemaker. See Minute Order [#112] at 2.

-2-