Gross v. Guzman et al

Filing 144

ORDER Requiring Parties to File Pretrial Stipulation by 3/19/2013; ORDER Requiring Parties to File Mediation Report by 3/19/2013; ORDER Requiring Defendants' counsel to SHOW CAUSE in writing by 3/19/2013 why his motion to withdraw should not be denied. Please see Order for details. Signed by Judge Robin S. Rosenbaum on 3/12/2013. (bon)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-23028-CIV-ROSENBAUM/SELTZER
ARTHUR GROSS, III,
Plaintiff,
vs.
ANDREW GUZMAN, et al.,
Defendants.
_____________________________________/
ORDER
This cause is before the Court upon a review of the record. On December 6, 2012, the Court
amended its prior Scheduling Order and establish new deadlines for this case. Included in that Order
was a deadline to complete mediation by February 8, 2013, and to file a joint pretrial stipulation by
March 4, 2013. To date, the parties have not filed either document.
On December 18, 2012, counsel for individual Defendants Andrew Guzman, Rick Guzman,
Mayra Guzman, Andrew Joakimsen, and corporate Defendants Triton Marketing & Advertising
Group, Inc.; Made By God Foundation, Inc.; Made By God Foundation, LLC; MBG Foundation,
Inc.; MBG Apparel, Inc.; domain name www.Madebygod.com; domain name www.Madebygod.org;
and domain name www.Madebygod.net, filed a motion requesting to withdraw as counsel for his
clients in this matter. D.E. 138. The Court required Defendants to certify their current contact
information, including addresses and telephone numbers, before the Court would grant counsel’s
motion to withdraw. D.E. 139.
On January 18, 2013, counsel filed his own affidavit indicating that he advised his clients of
the Court’s orders. Counsel also provided an undated and unsigned hand-written note, purportedly

from Defendant Andrew Guzman, providing his phone number, email address and physical address
(as well as a telephone number for an Alex Guzman, who does not appear to be a party in this
action). The physical address provided, however, is for the same UPS Store mailbox that Defendants
had previously certified belongs to several of the corporate Defendants, but is not where any of the
individual Defendants receive mail. See D.E. 42-1 and D.E. 42-2. Accordingly, this note is
insufficient to establish Andrew Guzman’s contact information. And beyond this hand-written note,
no Defendant has provided a certification of his or her current contact information on the record.
Accordingly, it is ORDERED and ADJUDGED as follows:
1. The parties shall file their joint pretrial stipulation on or before March 19, 2013;
2. On or before March 19, 2013, the parties shall file their mediation report from the courtordered mediation that was due to be completed by February 8, 2013.
3. Defendants’ counsel shall show cause in writing, on or before March 19, 2013, why his
motion to withdraw should not be denied because his clients have failed to certify their current
contact information to the Court.
4. Failure by the parties to timely respond to this Order may result in sanctions being
imposed on the offending party or parties. Sanctions may include entry of default or dismissal of
the action.
DONE and ORDERED at Fort Lauderdale, Florida, this 12th day of March 2013.

ROBIN S. ROSENBAUM
UNITED STATES DISTRICT JUDGE
Copies furnished to:

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Counsel of Record
Arthur Gross, III, pro se
12 Medici Aisle
Irvine, CA 92606

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