Grammer Industries, Incorporated v. Beach Mold & Tool, Inc.

Filing 165

ORDER granting 153 Motion to withdraw as counsel by American Industrial Acquisition Corporation. Signed by Magistrate Judge R. Steven Whalen. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

GRAMMAR INDUSTRIES, INC.,
Plaintiff,

No. 15-12694

v.

District Judge Paul D. Borman
Magistrate Judge R. Steven Whalen

BEACH MOLD AND TOOL, INC.,
ET AL.,
Defendants.
/
ORDER GRANTING MOTION TO WITHDRAW [Doc. #153]
Before the Court is a Motion to Withdraw as Counsel for American Industrial
Acquisition Corporation d/b/a iP3 (“AIAC”) [Doc. #153] filed by attorney Erik C. Stein
and Kopka Pinkus Dolin PLC. Counsel states that “[t]here has been an irretrievable
breakdown in the attorney-client relationship between Kopka and AIAC regarding
Kopka’s representation of AIAC in this matter.” Motion, ¶ 1. On January 16, 2018, the
Court entered an order [Doc. #157] directing AIAC to file any objections to the motion
within 14 days, and further directing counsel to serve AIAC with a copy of the order by
both first class and certified mail. In addition, the Court served a copy of the order on
AIAC by first class mail at the address provided by counsel. AIAC has not filed any
objections.

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Therefore, counsel’s motion to withdraw [Doc. #153] is GRANTED, and attorney
Eric C. Stein and Kopka Pinkus Dolin PLC are removed as counsel for AIAC and
relieved of any further responsibility of representing AIAC, except for forwarding its file
to substitute counsel or to AIAC, and serving AIAC with a copy of this order.
“A corporation...must be represented in court by an attorney and may not be
represented by an officer.” Wimberly v. enbridge, 93 F. App’x 22, 23 (6th Cir.
2004)(citing Doherty v. Am. Motors Corp., 728 F.2d 334, 340 (6th Cir. 1984) and Ginger
v. Cohn, 426 F.2d 1385, 1386 (6th Cir. 1979)); see also United States Sec. and Exch.
Comm’n v. Merklinger, 2009 WL 3498721 (E.D. Mich. 2009) (LLC must be represented
by counsel). Therefore, Defendant AIAC must obtain new counsel, who must file an
appearance no later than 30 days from the date of this order. If Defendant AIAC’s fails
to obtain new counsel as ordered, a default will be entered.
AIAC’s Motion to Dismiss Plaintiff’s Second Amended Complaint and CrossClamant Beach Mold’s Cross-Complaint [Doc. #91] is held in abeyance pending AIAC
obtaining new counsel.
Counsel Eric C. Stein and Kopka Pinkus Dolin PLC will serve AIAC with a copy
of this order by both first class mail and certified mail. The Clerk will serve a copy of
this order on AIAC by first class mail at the address provided by counsel.

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IT IS SO ORDERED.

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: March 6, 2019

CERTIFICATE OF SERVICE
I hereby certify on March 6, 2019 that I electronically filed the foregoing paper with
the Clerk of the Court sending notification of such filing to all counsel registered
electronically. I hereby certify that a copy of this paper was mailed to non-registered ECF
participants on March 6, 2019.
s/Carolyn M. Ciesla
Case Manager for the
Honorable R. Steven Whalen

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