FAT Brands Inc. v. PPMT Capital Advisors, Ltd.

S.D. New York

FAT Brands Inc. v. PPMT Capital Advisors, Ltd.

District Court, S.D. New York·Decided August 23, 2023·No. 1:19-cv-10497-JMF·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX FAT BRANDS INC., : Plaintiff, : 19-CV-10497 (JMF) -v- : ORDER PPMT CAPITAL ADVISORS, LTD., et al., : Defendants. : wee KX JESSE M. FURMAN, United States District Judge: On August 23, 2023, counsel to Defendants SJ Global Investments Worldwide, Inc., Neil Walsh, Kristina Fields, Peter Samuel, Michael J. Edison, and SJ Global Investments Ltd. (collectively, “SJ Global Defendants’) filed a letter renewing its motion to withdraw as counsel. See ECF No. 227. A motion to withdraw may not be filed by letter-motion (let alone ordinary letter). Accordingly, the request is DENIED without prejudice to refiling a formal motion, in accordance with the Local Rules (including, but not limited to Local Civil Rule 1.4), no later than August 31, 2023. Defense counsel shall serve a copy of the motion and this Order on their clients and file proof of such service on the docket no later than September 1, 2023. Any opposition to the motion to withdraw — by SJ Global Defendants or any other party — shall be filed by September 14, 2023; any reply shall be filed by September 19, 2023. Unless and until the Court grants the motion, Nelson Mullins Riley & Scarborough, LLP remains counsel of record to SJ Global Defendants. If SJ Global Defendants have secured new counsel, new counsel shall promptly enter a notice of appearance to ensure a smooth transition of counsel in the event that the motion to withdraw is granted. SJ Global Investments Worldwide, Inc. and SJ Global Investments Ltd. are cautioned that corporate entities may appear in federal court only through counsel. See Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007). Thus, if the Court grants counsel’s motion to withdraw and new counsel fails to appear on behalf of these entities, default judgment may be entered against them. See, e.g., Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006). SO ORDERED. Dated: August 23, 2023 New York, New York ESSE RMAN nited States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX FAT BRANDS INC., : Plaintiff, : 19-CV-10497 (JMF) -v- : ORDER PPMT CAPITAL ADVISORS, LTD., et al., : Defendants. : wee KX JESSE M. FURMAN, United States District Judge: On August 23, 2023, counsel to Defendants SJ Global Investments Worldwide, Inc., Neil Walsh, Kristina Fields, Peter Samuel, Michael J. Edison, and SJ Global Investments Ltd. (collectively, “SJ Global Defendants’) filed a letter renewing its motion to withdraw as counsel. See ECF No. 227. A motion to withdraw may not be filed by letter-motion (let alone ordinary letter). Accordingly, the request is DENIED without prejudice to refiling a formal motion, in accordance with the Local Rules (including, but not limited to Local Civil Rule 1.4), no later than August 31, 2023. Defense counsel shall serve a copy of the motion and this Order on their clients and file proof of such service on the docket no later than September 1, 2023. Any opposition to the motion to withdraw — by SJ Global Defendants or any other party — shall be filed by September 14, 2023; any reply shall be filed by September 19, 2023. Unless and until the Court grants the motion, Nelson Mullins Riley & Scarborough, LLP remains counsel of record to SJ Global Defendants. If SJ Global Defendants have secured new counsel, new counsel shall promptly enter a notice of appearance to ensure a smooth transition of counsel in the event that the motion to withdraw is granted. SJ Global Investments Worldwide, Inc. and SJ Global Investments Ltd. are cautioned that corporate entities may appear in federal court only through counsel. See Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007). Thus, if the Court grants counsel’s motion to withdraw and new counsel fails to appear on behalf of these entities, default judgment may be entered against them. See, e.g., Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006). SO ORDERED. Dated: August 23, 2023 New York, New York ESSE RMAN nited States District Judge

FAT Brands Inc. v. PPMT Capital Advisors, Ltd., (S.D.N.Y. 2023).

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