ORIX Capital Markets, LLC in its capacity as special servicer and attorney-in-fact for WELLS FARGO BANK, N.A., et al. v. Cadlerocks Centennial Drive, LLC et al

Filing 287

Judge Nathaniel M. Gorton: ORDER entered denying 281 Motion to terminate defense counsel of record and to proceed pro se; denying 282 Motion for leave to file a supplemental memorandum regarding damages (Danieli, Chris)

United States District Court
District of Massachusetts
)
)
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Plaintiff,
)
)
v.
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CADLEROCKS CENTENNIAL DRIVE, LLC )
and DANIEL CADLE,
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Defendants.
)
)
VFC Partners 26, LLC,

Civil Action No.
10-12019-NMG

ORDER
GORTON, J.
In May, 2015, this Court directed the Receiver, Edward V.
Sabella, to retain in escrow $150,000 of the proceeds of the
proposed receivership sale for the purposes of satisfying
purported claims of defendants.

After allowing defendants’

motion for extension of time, the Court directed them to file
their supplemental memorandum on or before June 30, 2015.
Defendants failed to do so.

In July, 2015, plaintiff requested

that the Court release the escrowed funds.
Pending before the Court are two pro se motions filed by
defendant Daniel Cadle (“Cadle”): 1) to terminate defense
counsel of record and to proceed pro se and 2) for leave to file
his supplemental memorandum regarding damages.
will be denied.
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Both motions

Because defendants are represented by counsel, motions must
be filed by counsel. See United States v. Tracy, 989 F.2d 1279,
1285 (1st Cir. 1993) (“A district court enjoys wide latitude in
managing its docket and can require represented parties to
present motions through counsel.”).

In order for Cadle to

proceed pro se, his counsel must first file a motion for leave
to withdraw.

Defendant’s pro se motion for leave to file a

supplemental memorandum will be denied for the additional reason
that Cadle cannot represent co-defendant Cadlerocks Centennial
Drive LLC pro se. See In re Victor Publishing, 545 F.2d 285, 286
(1st Cir. 1976) (“a corporation may only be represented by
licensed counsel”); see also LR, D. Mass 83.5.5(c) (“A
corporation, partnership, limited liability company...may not
appear pro se”).
Accordingly, Cadle’s motion to terminate defense counsel of
record and to proceed pro se (Docket No. 281) and his motion for
leave to file a supplemental memorandum regarding damages
(Docket No. 282) are DENIED.
With respect to the funds currently held in escrow, it
appears that defendants’ counsel intended not to file a
supplemental memorandum, perhaps because they have no legitimate
claim to the funds.

In light of Cadle’s futile attempt to

proceed pro se, however, the Court will allow one final
extension of time to allow defendants’ counsel to file a motion
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for leave to withdraw and/or for the filing of a supplemental
memorandum.

Cadle may file such a memorandum pro se as to his

individual claims only or he may retain new counsel to represent
the interests of both defendants but he must do so within the
limited time allowed.
All relevant pleadings, including any supplemental
memorandum by defendant(s), shall be filed on or before August
31, 2015.

Opposition to any such pleadings shall be filed on or

before September 14, 2015.
No further extensions will be allowed and in the absence of
the filing of any supplemental memorandum, the funds held in
escrow will be released on September 1, 2015.
So ordered.
/s/ Nathaniel M. Gorton___
Nathaniel M. Gorton
United States District Judge
Dated July 29, 2015

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