A.V.E.L.A., Inc. v. The Estate of Marilyn Monroe, LLC et al

Filing 458

ORDER: Accordingly, Mr. Harley's motion to withdraw as counsel in this case is GRANTED. Mr. Harley is hereby ORDERED to transmit this Order to the AVELA Parties. Although the Court previously stated that the AVELA Parties would have to find n ew counsel by November 19, 2019, the Court will permit them to have new counsel enter a notice of appearance on the record by December 2, 2019. Any new counsel must be prepared to go to trial on any date selected by the Court. If counsel for the A VELA Parties does not file a notice of appearance on the record by December 2, 2019, then Leo Valencia will proceed to trial pro se, and the Court will enter default judgments as to the corporate entities that comprise the AVELA Parties. SO ORDERED. Attorney Duane Maurice Harley terminated. (Signed by Judge Katherine Polk Failla on 11/20/2019) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
A.V.E.L.A., INC.,
:
:
Plaintiff, :
:
v.
:
:
THE ESTATE OF MARILYN MONROE, LLC, et al., :
:
Defendants. :
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THE ESTATE OF MARILYN MONROE, LLC,
:
:
Counterclaimant, :
:
v.
:
:
A.V.E.L.A., INC.,
:
:
Counter-Defendant,
:
:
LEO VALENCIA, IPL, INC.,
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X ONE X MOVIE ARCHIVES INC.,
:
V. INTERNATIONAL FINE ARTS PUBLISHING,
:
INC.,
:
:
Third-Party Defendants.
:
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X ONE X MOVIE ARCHIVES INC.,
:
V. INTERNATIONAL FINE ARTS PUBLISHING,
:
INC.,
:
:
Counterclaimants,
:
v.
:
:
THE ESTATE OF MARILYN MONROE, LLC,
:
AUTHENTIC BRANDS GROUP, LLC, JAMES
:
SALTER.
:
Counter-Defendants. :
:
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12 Civ. 4828 (KPF)
ORDER

KATHERINE POLK FAILLA, District Judge:
On October 16, 2019, the Court held a telephone conference regarding the
trial schedule in this matter. (Minute Entry of 10/16/19). Following that
conference, the Court adjourned the trial, previously scheduled for November
2019, to January 13, 2020. (Dkt. #451). Following the adjournment, Duane
Harley, counsel for A.V.E.L.A., Inc., Leo Valencia, IPL, Inc., and X One X Movie
Archives Inc. (collectively the “AVELA Parties”), moved to withdraw. (Dkt.
#452).
On October 23, 2019, the Court granted Mr. Harley’s motion to a certain
extent. (Dkt. #455). The Court ordered that on or before November 19, 2019,
the AVELA Parties either will either have: (i) worked out a payment plan with Mr.
Harley, in which case the Court would deny Mr. Harley’s motion to withdraw; or
(ii) found new counsel and have such counsel enter a notice of appearance on
the record. (Id.). The Court cautioned the AVELA Parties that any new counsel
would be required to represent, at the then-scheduled November 19, 2019
telephone conference, that such counsel would be prepared to go to trial on
January 13, 2020. (Id.). The Court also explained that if Mr. Harley withdrew
and the AVELA Parties had not retained new counsel by November 19, 2019, the
Court would not move the trial for this reason and, therefore, Leo Valencia would
proceed to trial pro se, and the Court would enter default judgments as to the
corporate entities that comprise the AVELA Parties. (Id.).

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In a November 14, 2019 order, the Court adjourned the November 19,
2019 telephone conference. (See Dkt. #456). However, the Court ordered that
its prior order regarding Mr. Harley’s motion to withdraw still remained in
effect. (Id.). The Court reiterated that, by November 19, 2019, Mr. Harley
must report to the Court, in writing, as to whether he had worked out a
payment plan with the AVELA Parties or whether he still sought to withdraw.
(Id.). The Court explained that if the AVELA Parties and Mr. Harley had not
worked out a payment plan by November 19, 2019, then the AVELA Parties
would need to have new counsel file a notice of appearance by that date. (Id.).
Yesterday, on November 19, 2019, Mr. Harley notified the Court that he
had not worked out a payment plan with the AVELA Parties and that he
continues to seek his withdrawal as attorney of record in this matter. (Dkt.
#457). Accordingly, Mr. Harley’s motion to withdraw as counsel in this case is
GRANTED. Mr. Harley is hereby ORDERED to transmit this Order to the
AVELA Parties.
Although the Court previously stated that the AVELA Parties would have
to find new counsel by November 19, 2019, the Court will permit them to have
new counsel enter a notice of appearance on the record by December 2, 2019.
Any new counsel must be prepared to go to trial on any date selected by the
Court. If counsel for the AVELA Parties does not file a notice of appearance on
the record by December 2, 2019, then Leo Valencia will proceed to trial pro se,
and the Court will enter default judgments as to the corporate entities that
comprise the AVELA Parties.

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SO ORDERED.
Dated:

November 20, 2019
New York, New York

__________________________________
KATHERINE POLK FAILLA
United States District Judge

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