Saratoga Potato Chip Company Inc et al v. Classic Foods Inc et al

Filing 85

OPINION AND ORDER: DENYING 80 MOTION to Withdraw as Attorney for Classic Foods, Inc. by Defendants Classic Foods Inc, Cuetara Holdings Inc. Signed by Magistrate Judge Roger B Cosbey on 10/9/2014. (lhc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
SARATOGA POTATO CHIP
COMPANY, INC., a/k/a Olde York
Potato Chips, et al.,
Plaintiffs,
v.
CUETARA HOLDINGS, INC., et al.,
Defendants.

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Case No. 1:12-cv-452

OPINION and ORDER
A telephonic scheduling conference was held today in this matter at which the following
counsel appeared: Attorney Eric Kirschner for Defendants Classic Foods, Inc., and Cuetara
Holdings, Inc.; Attorney Theodore Storer for Defendant Balance Foods, Inc.; and Attorney Adam
Hand for Plaintiffs Saratoga Potato Chip Company, Inc., and Saratoga Potato Chips, LLC.
(Docket # 84.) Oral argument was heard and concluded on the Motion for Leave to Withdraw
filed on October 6, 2014, by Attorney Kirschner, who seeks to withdraw as Classic’s counsel, but
remain as counsel for Cuetara. (Docket # 80.)
Attorney Kirschner asserts that he seeks to withdraw because Classic is “no longer in
existence.” But Attorney Hand reports that Classic remains a corporation in good standing in the
State of Delaware–an assertion which Attorney Kirschner does not refute. Accordingly, Attorney
Kirschner has not shown a persuasive basis for the motion to withdraw.
Moreover, the Court would still deny the motion because Saratoga served Classic with
discovery requests on June 26, 2014, well before Attorney Kirschner filed his motion to
withdraw. (Docket # 79.) These discovery obligations remain outstanding, providing additional

grounds to deny the motion. See, e.g., Denton v. Suter, 3:11-cv-2559-N, 2013 WL 5477155, at *4
(N.D. Tex. Oct. 2, 2013) (denying defense counsel’s motion to withdraw filed in the midst of a
discovery dispute); Small v. Regalbuto, No. 1:06-cv-1721, 2009 WL 1911827, at *2 (N.D. Ohio
June 29, 2009) (denying defense counsel’s motion to withdraw when defendant still had
outstanding discovery obligations).
For these reasons, the Motion for Leave to Withdraw filed by Attorney Kirschner, seeking
to withdraw as counsel to Classic (Docket # 80), is DENIED.
SO ORDERED.
Entered this 9th day of October, 2014.
s/ Roger B. Cosbey
Roger B. Cosbey,
United States Magistrate Judge