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

• Court: District Court, D. Nevada
• Decided: October 6, 2021
• Docket: 2:21-cv-01559
• Status: Unknown

Opinion

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Byrna Technologies, Inc., Case No. 2:21-cv-01559-APG-DJA 6 Plaintiff, 7 Order v. 8 Duke Defense USA, Inc., et al., 9 Defendants. 10 11 12 Before the Court is Defendants’ counsel’s—Marc P. Cook, Esq., and Thomas R. Sheets, 13 Esq., of the law firm Cook & Kelesis, Ltd.—motion to withdraw (ECF No. 37). Under Local 14 Rule (“LR”) IA 11-6(b), “[i]f an attorney seeks to withdraw after appearing in a case, the attorney 15 must file a motion or stipulation and serve it on the affected client and opposing counsel.” LR IA 16 11-6(b). The Court finds that Defendants’ counsel has met the requirements of LR IA 11-6(b). 17 Mr. Cook and Mr. Sheets indicate that Defendants have failed to meet their obligations to their 18 firm, necessitating the withdrawal. 19 The Court will require that Defendants Duke Defense USA, Inc., and Zyn Apparel advise 20 the Court if they will retain new counsel if they intend to continue to litigate this matter. See 21 United States v. High Country Broad., 3 F.3d 1244, 1245 (9th Cir. 1993) (per curiam); In re Am. 22 W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (stating that “[c]orporations and other 23 unincorporated associations must appear in court through an attorney.”). The Court will require 24 that Defendants Reilly Schueler, Benjamin M. Flam, Jonathan Cobb Sanders, Randall Clifton, 25 Deni Strahl, and April Woodward advise the Court whether they intend to proceed pro se or 26 retain counsel. Filing a notice of new counsel on or before Friday, November 5, 2021 is 27 sufficient to comply with the Court’s order. Failure to respond may result in a recommendation 1 to the United States District Judge assigned to this case that dispositive sanctions be issued 2 against Defendants, including dismissal of this action. 3 IT IS THEREFORE ORDERED that Defense counsel’s motion to withdraw (ECF No. 4 37) is granted. 5 IT IS FURTHER ORDERED that Defendants Duke Defense USA, Inc. and Zyn 6 Apparel shall advise the Court if they will retain new counsel if they intend to continue to litigate 7 this matter by Friday, November 5, 2021. 8 IT IS FURTHER ORDERED that Defendants Reilly Schueler, Benjamin M. Flam, 9 Jonathan Cobb Sanders, Randall Clifton, Deni Strahl, and April Woodward advise the Court 10 whether they intend to proceed pro se or retain counsel by Friday, November 5, 2021. 11 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to add the last 12 known addresses of Defendants to the civil docket and send a copy of this order to Defendants’ 13 last known addresses:

14 Duke Defense USA, Inc. 15 c/o Reilly Schueler, President/Chief Marketing Officer 2028 Poetry Avenue 16 Henderson, Nevada 89052

17 Zyn Apparel c/o Cory Takeuchi, Esq. & Robert Thomas Esq. 18 Anderson Tate Carr 19 1960 Satellite Boulevard, Suite 4000 Duluth, Georgia 30097 20 Reilly Schueler 21 2028 Poetry Avenue Henderson, Nevada 89052 22

23 Benjamin M. Flam Gordon Law Group, LLP 24 585 Boylston Street Boston, Massachusetts 02116 25 Randall Clifton 26 c/o Reilly Schueler 27 2028 Poetry Avenue Henderson, Nevada 89052 1 Randall Clifton 2 c/o Benjamin M. Flam Gordon Law Group, LLP 3 585 Boylston Street Boston, Massachusetts 02116 4 Deni Strahl 5 c/o Reilly Schueler 6 2028 Poetry Avenue Henderson, Nevada 89052 7 Deni Strahl 8 c/o Benjamin M. Flam Gordon Law Group, LLP 9 585 Boylston Street 10 Boston, Massachusetts 02116

11 April Woodward c/o Reilly Schueler 12 2028 Poetry Avenue Henderson, Nevada 89052 13

14 April Woodward c/o Benjamin M. Flam 15 Gordon Law Group, LLP 585 Boylston Street 16 Boston, Massachusetts 02116

17 Jonathan Cobb Sanders 18 c/o Reilly Schueler 2028 Poetry Avenue 19 Henderson, Nevada 89052

20 Jonathan Cobb Sanders c/o Benjamin M. Flam 21 Gordon Law Group, LLP 22 585 Boylston Street Boston, Massachusetts 02116 23

24 DATED: October 6, 2021 25

26 DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 27