Corniche Capital LLC et al v. W & N Enterprises, Inc.

Filing 34

ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 31 Plaintiffs' Counsel's Motion to Withdraw and ORDERING Plaintiffs to Show Cause. Plaintiffs' Show-Cause Response is due by November 1, 2017. (sg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CORNICHE CAPITAL, LLC; NM GAS
HOLDINGS 1, LLC; NM GAS HOLDINGS 2, LLC;
and DE LiqNM LLC;
Plaintiffs/Counter-defendants;
v.

No. 17-cv-0106 MCA/SMV

W & N ENTERPRISES, INC.;
Defendant/Counterclaimant.
ORDER GRANTING PLAINTIFFS’ COUNSEL’S MOTION TO WITHDRAW
AND ORDERING PLAINTIFFS TO SHOW CAUSE
THIS MATTER is before the Court on Plaintiffs’ Counsel’s Motion to Withdraw.
[Doc. 31]. Plaintiffs’ Counsel, Patrick J. Griebel, moves to withdraw as counsel. Neither
Plaintiffs nor Defendant oppose the motion. Id. The motion complies with the requirements of
D.N.M.LR-Civ. 83.8.

The Court finds the motion is well-taken and will be GRANTED.

Additionally, the Court will require Plaintiffs to show cause why their claims should not be
dismissed and default judgment entered against them on Defendant’s counterclaim.
Plaintiffs’ counsel filed his motion to withdraw on August 23, 2017.

[Doc. 31].

Plaintiffs did not oppose the motion but requested 30 days by which to obtain new counsel. Id.
More than 30 days have passed, and no new counsel has entered an appearance on behalf of
Plaintiffs. In compliance with D.N.M.LR-Civ. 83.8, the motion to withdraw provided notice that
Plaintiffs may appear only with an attorney. Id. It further provided that, absent the entry of
appearance by a new attorney, any filings by Plaintiffs could be struck and default judgment or
other sanctions imposed against them. Id.; see Ehrenhaus v. Reynolds, 965 F.2d 916, 921

(10th Cir. 1992) (district courts have discretion to dismiss an action for failure to comply with
the Federal Rules of Civil Procedure or court order, after weighing several factors); see also Two
Old Hippies, LLC v. Catch the Bus, LLC, 784 F. Supp. 2d. 1221, 1230 (D.N.M. 2011) (granting
the plaintiff’s motion to strike pleadings and for entry of default judgment against defendant
company, which was no longer represented by counsel, unless the company obtained counsel
within ten days); FTS Distribs. of Cal. v. Sandia Tobacco Mfrs., Inc., 06-cv-0704 RB/CEG,
[Doc. 109] at 3–4 (D.N.M. Oct. 11, 2007) (dismissing the plaintiffs’ claims and granting default
judgment on the counterclaims following their failure to obtain counsel, after considering the
Ehrenhaus factors).
IT IS THEREFORE ORDERED that Plaintiffs’ Counsel’s Motion to Withdraw
[Doc. 31] is GRANTED. Patrick J. Griebel is terminated as counsel for Plaintiffs.
IT IS FURTHER ORDERED that Plaintiffs show cause no later than November 1,
2017, why their complaint should not be dismissed and default judgment entered against them on
Defendant’s counterclaim.
IT IS FURTHER ORDERED that the Clerk of the Court mail a copy of this Order to
Mr. David Ebrahimzadeh at 551 Madison Avenue, Suite #1101, New York, NY, 10022.
IT IS SO ORDERED.
______________________________
STEPHAN M. VIDMAR
United States Magistrate Judge

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