Brilliant DPI Inc v. Konica Minolta Business Solutions USA Inc. et al

Filing 143

ORDER signed by Magistrate Judge William E Duffin on 9/26/2023. Attorney Andrew R. Rider's motion to withdraw as counsel for Brilliant DPL (ECF No. 140 .) is DENIED. Attorney Rider also filed a document captioned, "Order Permitting Wit hdrawal" as a motion. (ECF No. 141 .) The document is not a motion, and the Clerk shall terminate it for administrative purposes. CIT's motion to reopen the case, substitute it, and enter judgment (ECF No. 137 ), CIT has failed to comply with the court's order (ECF No. 142 ). Consequently, its motion (ECF No. 137) is denied. (cc: all counsel)(mlm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
BRILLIANT DPI INC.,
Plaintiff,
v.

Case No. 18-CV-799

KONICA MINOLTA BUSINESS SOLUTIONS, U.S.A., INC., et al.,
Defendants.
ORDER
On March 3, 2022, the court granted the parties’ stipulated motion for dismissal
and dismissed this action. In doing so the court stated, “Pursuant to the terms of the
Settlement Agreement between the parties, CIT Technology Financing Services, Inc.
(n/k/a CIT Technology Financing Services, LLC) shall have the right to reopen this
action and obtain entry of a stipulated judgment (as defined in paragraphs 2-3 of the
Settlement Agreement).” (ECF No. 136.)
On August 23, 2023, CIT Technology Financing Services, LLC filed a motion
alleging that Brilliant DPI breached the settlement agreement by failing to make
monthly payments. That assertion was not supported by any affidavit or other

Case 2:18-cv-00799-WED Filed 09/26/23 Page 1 of 3 Document 143

evidence. CIT also asks the court to reopen the case and substitute it for its predecessor,
CIT Technology Financing Services, Inc.
Attorney George S. Peek concurrently filed a motion to withdraw as counsel for
Brilliant DPI. (ECF No. 139.) The court noted that counsel’s motion was unnecessary
because multiple attorneys have appeared on behalf of Brilliant DPI and at least one of
those attorneys—Attorney Andrew R. Rider—would continue to represent the plaintiff.
See Civ. L.R. 7.1(e)(1). Nonetheless, the court granted the motion.
The court ordered Brilliant DPI to respond to the motion to reopen no later than
September 13, 2023.
The court further noted that, before it can substitute CIT Technology Financing
Services, LLC for CIT Technology Financing Services, Inc. and reopen the case, the court
must confirm that it has jurisdiction. Because the action is before the court on diversity
of citizenship, 28 U.S.C. § 1332, the court must confirm that complete diversity exists
between the parties. Therefore, the court ordered CIT Technology Financing Services,
LLC to file a statement establishing its citizenship no later than September 13, 2023.
On August 24, 2023, Attorney Andrew R. Rider moved to withdraw as counsel
for Brilliant DPI. (ECF No. 140.) Attorney Rider failed to comply with Civil Local Rule
7.1(e)(3), and therefore his motion is denied.

2
Case 2:18-cv-00799-WED Filed 09/26/23 Page 2 of 3 Document 143

Attorney Rider also filed a document captioned, “Order Permitting Withdrawal”
as a motion. (ECF No. 141.) The document is not a motion, and the Clerk shall terminate
it for administrative purposes.
As for CIT’s motion to reopen the case, substitute it, and enter judgment (ECF
No. 137), CIT has failed to comply with the court’s order (ECF No. 142). Consequently,
its motion (ECF No. 137) is denied.
SO ORDERED.
Dated at Milwaukee, Wisconsin this 26th day of September, 2023.

_________________________
WILLIAM E. DUFFIN
U.S. Magistrate Judge

3
Case 2:18-cv-00799-WED Filed 09/26/23 Page 3 of 3 Document 143