Corporate Fleet Services v. General Aviation Services, LLC et al

Filing 74

ORDER OF CONTEMPT, Motions granted: 70 MOTION to Withdraw as Attorney by John Seymour. Defendants are directed to enter a new attorney of record by 5 pm EST Friday, 11/6/09, or be subject to being held in contempt for a second time and have other relief granted against them as stated within this Order and as appropriate. Signed by District Judge Frank D. Whitney on 11/5/09. (gpb)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:08-cv-00413-W CORPORATE FLEET SERVICES, Plaintiff, vs. WEST VAN, INC., and WEST VAN, INC. / GENERAL AVIATION SERVICES, LLC, a General Partnership, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER THIS MATTER is before the Court, sua sponte, for Defendants'1 failure to comply with the Court's oral order on November 2, 2009, to enter a new attorney of record within 48 hours. On November 4, 2009, after the 48 hour deadline, the Court received a letter from West Van counsel located in Canada notifying the Court that "the 48 hour window that [the Court] provided to West Van has proved to be insufficient to finalize the transition to new legal counsel." While the Court appreciates West Van keeping the Court informed, West Van is nevertheless in contempt for failure to comply with the Court's order. The Court hereby releases Mr. John Seymour from representing the Defendants and directs Defendants to enter a new attorney of record by 5 p.m. EST tomorrow, Friday, November 6, 2009, or else the Court will Defendants subject to this order are West Van, Inc., and the general partner, West Van, Inc., in the general partnership known as "West Van, Inc./General Aviation Services, LLC." This order does not apply to the Defendant General Aviation Services, LLC, as a general partner in the partnership known as "West Van, Inc./General Aviation Services, LLC." 1 hold Defendants in contempt for a second time, and will grant the Plaintiff's motion to dismiss counterclaims, possibly enter judgment against the Defendants, and grant other relief as appropriate. The Clerk's office is directed to serve Defendants via e-mail at ktoyne@btzlaw.ca, which is the e-mail address provided in the November 4, 2009 correspondence from West Van's counsel in Canada. Signed: November 5, 2009 -2-

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