He et al v. Rom et al

Filing 124

Opinion & Order signed by Judge James S. Gwin on 4/25/16. For the reasons set forth in this order, the Court denies the motion of defense counsel to withdraw until substitute counsel enters an appearance. (Related Doc. 122 ) (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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RUI HE, et al.,
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:
Plaintiffs,
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v.
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DAVOR ROM, et al.,
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Defendants.
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:
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Case. No. 1:15-CV-1869

OPINION & ORDER
[Resolving Docs. 122]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
Rui He represents a putative class of Chinese investors who invested in, and claimed to
have been scammed by, Davor Rom and his companies Investor Income Properties, LLC, IIP Ohio,
IIP Management, IIP Cleveland Regeneration, LLC, IIP Cleveland Regeneration 2, LLC, Assets
Unlimited, LLC, and IIP Akron, LLC (collectively, “Defendants”). Discovery in the case is
ongoing.
The Court approved the withdrawal of Defendants’ counsel in February.1 Defendants
retained new counsel. Defendants’ new attorneys now move to withdraw as counsel. 2 Plaintiffs
oppose, citing delays in discovery and concerns about dilatory tactics.3
It is within the Court’s discretion to approve the withdrawal of counsel.4 Officers of
business associations and organizations may not appear pro se in federal court to represent their
organizations.5

1

Doc. 62.
Doc. 122.
3
Doc. 123.
4
Brandon v. Blech, 560 F.3d 536, 537 (6th Cir. 2009).
5
Dimercurio v. C.I.R., 103 A.F.T.R.2d 2009-1288 (6th Cir. 2009) (citing Rowland v. California Men’s
Colony, 506 U.S. 194, 202 (1993)); Harris v. Akron Dep’t of Pub. Health, 10 F. App’x 316, 319 (6th Cir.
2001).
2

Case No. 1:15-CV-1869
Gwin, J.
Plaintiffs are correct that there have already been significant delays in this case.
Moreover, the Corporate Defendants cannot represent themselves before this Court. Given
upcoming discovery deadlines, the Court will not allow counsel to withdraw until substitute
counsel enters an appearance. The Court DENIES the motion by Defendant’s attorneys to
withdraw.

IT IS SO ORDERED.

Dated: April 25, 2016

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

2