FAULKNER PRESS LLC v. CLASS NOTES LLC et al

Filing 91

ORDER GRANTING 83 Amended MOTION to Withdraw as Attorney and Incorporated Memorandum of Law filed by THOMAS G BEAN, CLASS NOTES LLC. Defendants shall have up to and including 10/12/2009 to effect filng of a notice of appearance by a new attorney or pro se by Defendant Bean. ( Miscellaneous Deadline - by 10/12/2009.) Signed by CHIEF JUDGE STEPHAN P MICKLE on 9/10/2009. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION FAULKNER PRESS, L.L.C., a Florida limited liability company, Plaintiff, v. CLASS NOTES, L.L.C., a Florida limited liability company, d/b/a/ "Einstein's Notes," and THOMAS G. BEAN, an individual, Defendants. ________________________________/ CASE NO.: 1:08cv49-SPM/AK

ORDER GRANTING MOTION TO WITHDRAW Pending before the Court is the revised motion to withdraw (doc. 83) filed by counsel for Defendants. Ten days' notice has been provided to the Defendants, as required under Northern District of Florida Local Rule 11.1(F). Plaintiff has no objection to the withdrawal. Accordingly, it is ORDERED AND ADJUDGED: 1. 2. The revised motion to withdraw (doc. 83) is granted. Attorneys Gary A. Woodfield, Jaime D. Guttman, and the law firm

of Edwards Angell Palmer & Dodge LLP are granted leave to withdraw and

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relieved of further responsibility as attorney of record for Defendants. 3. Defendants shall have up to and including October 12, 2009, to

effect the filing of a notice of appearance by a new attorney. 4. If Defendant Bean elects to proceed pro se, that is to represent

himself in this case, he should file written notice of his intent to do so on or before October 12, 2009. Failure to file a notice of appearance by a new attorney or a notice of intent to proceed pro se, as ordered, will result in entry of default against Defendant Bean. 5. As a corporate entity, Class Notes, L.L.C., cannot proceed pro se

and must be represented by an attorney. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985). Failure to file a notice of appearance by a new attorney, as ordered, will result in entry of default against Class Notes, L.L.C. DONE AND ORDERED this 10th day of September, 2009.

s/ Stephan P. Mickle
Stephan P. Mickle Chief United States District Judge

CASE NO.: 1:08cv49-SPM/AK