ProActive Capital Partners, LP v. Sysorex, Inc.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------X PROACTIVE CAPITAL PARTNERS, LP,

Plaintiff, O R D E R

- against - 22 Civ. 4654 (NRB)

SYSOREX, INC.,

Defendant. --------------------------------X NAOMI REICE BUCHWALD UNITED STATES DISTRICT JUDGE

WHERAS A.Y. Strauss LLC has filed a motion to withdraw as counsel for defendant; and WHEREAS A.Y. Strauss LLC has also filed a motion to seal the Memorandum of Law and Declaration of Jordan M. Engelhardt in Support of A.Y. Strauss LLC’s Motion to Withdraw as Counsel for Defendant Sysorex, Inc.; and WHEREAS corporate parties may not proceed pro se and must be represented by an attorney, and failure to appear by counsel may result in the entry of a default judgment or dismissal of claims presented, see Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983); it is hereby ORDERED that A.Y. Strauss LLC’s motion to withdraw and motion to seal are granted; and it is further ORDERED that corporate defendant Sysorex, Inc. has 30 days to retain new counsel and that failure to do so will result in the entry of a default judgment against Sysorex, Inc.; and it is further ORDERED A.Y. Strauss, LLC is directed to serve defendant with this order; and it is further ORDERED that the parties’ discovery deadlines are stayed pending further direction from the Court.

DATED: New York, New York August 23, 2023 JE } □□□ . 4 f a A, vam Lice gf de chughel NAOMI REICE BUCHWALD UNITED STATES DISTRICT JUDGE