Byrna Technologies, Inc. v. Duke Defense USA, Inc.

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * * Byrna Technologies, Inc., Case No. 2:21-cv-01559-APG-DJA Plaintiff, Order v. Duke Defense USA, Inc., et al., Defendants. Before the Court is Defendants’ counsel’s—Marc P. Cook, Esq., and Thomas R. Sheets, Esq., of the law firm Cook & Kelesis, Ltd.—motion to withdraw (ECF No. 37). Under Local Rule (“LR”) IA 11-6(b), “[i]f an attorney seeks to withdraw after appearing in a case, the attorney must file a motion or stipulation and serve it on the affected client and opposing counsel.” LR IA 11-6(b). The Court finds that Defendants’ counsel has met the requirements of LR IA 11-6(b). Mr. Cook and Mr. Sheets indicate that Defendants have failed to meet their obligations to their firm, necessitating the withdrawal. The Court will require that Defendants Duke Defense USA, Inc., and Zyn Apparel advise the Court if they will retain new counsel if they intend to continue to litigate this matter. See United States v. High Country Broad., 3 F.3d 1244, 1245 (9th Cir. 1993) (per curiam); In re Am. W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (stating that “[c]orporations and other unincorporated associations must appear in court through an attorney.”). The Court will require that Defendants Reilly Schueler, Benjamin M. Flam, Jonathan Cobb Sanders, Randall Clifton, Deni Strahl, and April Woodward advise the Court whether they intend to proceed pro se or retain counsel. Filing a notice of new counsel on or before Friday, November 5, 2021 is sufficient to comply with the Court’s order. Failure to respond may result in a recommendation to the United States District Judge assigned to this case that dispositive sanctions be issued against Defendants, including dismissal of this action. IT IS THEREFORE ORDERED that Defense counsel’s motion to withdraw (ECF No. 37) is granted. IT IS FURTHER ORDERED that Defendants Duke Defense USA, Inc. and Zyn Apparel shall advise the Court if they will retain new counsel if they intend to continue to litigate this matter by Friday, November 5, 2021. IT IS FURTHER ORDERED that Defendants Reilly Schueler, Benjamin M. Flam, Jonathan Cobb Sanders, Randall Clifton, Deni Strahl, and April Woodward advise the Court whether they intend to proceed pro se or retain counsel by Friday, November 5, 2021. IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to add the last known addresses of Defendants to the civil docket and send a copy of this order to Defendants’ last known addresses:

Duke Defense USA, Inc. c/o Reilly Schueler, President/Chief Marketing Officer 2028 Poetry Avenue Henderson, Nevada 89052

Zyn Apparel c/o Cory Takeuchi, Esq. & Robert Thomas Esq. Anderson Tate Carr 1960 Satellite Boulevard, Suite 4000 Duluth, Georgia 30097 Reilly Schueler 2028 Poetry Avenue Henderson, Nevada 89052

Benjamin M. Flam Gordon Law Group, LLP 585 Boylston Street Boston, Massachusetts 02116 Randall Clifton c/o Reilly Schueler 2028 Poetry Avenue Henderson, Nevada 89052 Randall Clifton c/o Benjamin M. Flam Gordon Law Group, LLP 585 Boylston Street Boston, Massachusetts 02116 Deni Strahl c/o Reilly Schueler 2028 Poetry Avenue Henderson, Nevada 89052 Deni Strahl c/o Benjamin M. Flam Gordon Law Group, LLP 585 Boylston Street Boston, Massachusetts 02116

April Woodward c/o Reilly Schueler 2028 Poetry Avenue Henderson, Nevada 89052

April Woodward c/o Benjamin M. Flam Gordon Law Group, LLP 585 Boylston Street Boston, Massachusetts 02116

Jonathan Cobb Sanders c/o Reilly Schueler 2028 Poetry Avenue Henderson, Nevada 89052

Jonathan Cobb Sanders c/o Benjamin M. Flam Gordon Law Group, LLP 585 Boylston Street Boston, Massachusetts 02116

DATED: October 6, 2021

UNITED STATES MAGISTRATE JUDGE