B&D Dental v. KOD Co

Filing 68

MEMORANDUM DECISION denying as moot 53 Motion for Hearing. Signed by Magistrate Judge Dustin B. Pead on 7/18/2014. (blh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

B&D DENTAL,

MEMORANDUM DECISION

Plaintiff,

Case No. 2:13-cv-00236-TS-DBP

v.

District Judge Ted Stewart

KOD CO,

Magistrate Judge Dustin B. Pead

Defendant.

This matter was referred to the Court under 28 U.S.C. § 636(b)(1)(A). (Docket No. 54.)
Previously, Defendant was represented by the California law firm Knobbe Martens Olson &
Bear LLP (“KM”) as well as the Utah law firm Parsons Behle & Latimer.
On June 17, 2014, Plaintiff moved the Court to schedule a status conference because it felt
that KM should withdraw from representing Defendant. (Dkt. No. 53.) At the status conference,
Plaintiff wanted the parties to address KM’s withdrawal from the case as well as Defendant’s
plans to retain replacement counsel. (Id. at 2.)
The Court concludes that subsequent events in this action have rendered Plaintiff’s motion
moot. On July 9, 2014, Edwin S. Jang substituted as Defendant’s local counsel, replacing both
KM and Parsons Behle & Latimer. (Dkt. No. 60.) On July 10, 2014, the District Court admitted
out-of-state attorneys Peter K. Hwang and Edward N. Griffin to represent Defendant. (Dkt. Nos.
63-64.) On July 16, 2014, Parsons Behle & Latimer formally withdrew from representing

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Defendant. (Dkt. No. 66.) Because KM no longer represents Defendant, and Defendant
obtained replacement counsel, the concerns Plaintiff sought to address at a status conference no
longer exist. Therefore, the Court DENIES as MOOT Plaintiff’s motion for a status conference.
(Dkt. No. 53.) 1
IT IS SO ORDERED.
Dated this 18th day of July, 2014.

By the Court:

Dustin B. Pead
United States Magistrate Judge

1

If Plaintiff encounters difficulties moving forward with this case with Defendant’s new counsel,
the Court will entertain another motion for a status conference.
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