Securities and Exchange Commission v. Reifler

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * * Securities and Exchange Commission, Case No. 2:20-cv-00511-CDS-DJA Plaintiff, Order v. Bradley C. Reifler, Defendant, and Forefront Partners, LLC; Forefront Capital Services, LLC; and Port Royal-NCM, LLC,

Relief Defendants.

Stephen G. Topetzes, Esq.; Theodore L. Kornobis, Esq.; and Stavroula E. Lambrakopoulos of the law firm K&L Gates LLP and Robert J. Cassity, Esq. and Sydney R. Gambee, Esq. of the law firm Holland & Hart LLP jointly move to withdraw their representation of Defendant Bradley C. Reifler and Relief Defendants Forefront Partners, LLC; Forefront Capital Services, LLC; and Port Royal-NCM, LLC. (ECF No. 47). Counsel has also filed a supplement to their motion to withdraw, explaining that the Relief Defendants no longer have any operating business and have vacated any known last-used business address. (ECF No. 53 at 2). As a result, the only known point of contact for each of the Relief Defendants is Defendant Bradley Reifler, who is currently incarcerated. Under Local Rule IA 11-6(b) counsel served a copy of the joint motion to Mr. Reifler. No party has responded to the motion to withdraw, constituting their consent to the Court granting it under Local Rule 7-2(d). The Court finds that counsel has met the requirements of Local Rule IA 11-6(b). It thus grants the motion. Because they are corporations, Forefront Partners, LLC; Forefront Capital Inc. v. Malulani Group, Ltd., 814 F.3d 1046, 1053 (9th Cir. 2016) (explaining that corporations must be represented by counsel); In re Bigelow, 179 F.3d 1164, 1165 (9th Cir. 1999) (“[t]he law is clear that a corporation can be represented only by a licensed attorney”). The Court will thus require the Relief Defendants to file a joint status report regarding their retention of counsel. It will also require Mr. Reifler to file a notice indicating whether he will retain counsel or proceed pro se. IT IS THEREFORE ORDERED that counsel’s motion to withdraw (ECF No. 47) is granted. IT IS FURTHER ORDERED that Bradley C. Reifler must file a notice with the Court on or before June 5, 2023 indicating whether he will retain counsel or proceed pro se. IT IS FURTHER ORDERED that Forefront Partners, LLC; Forefront Capital Services, LLC; and Port Royal-NCM, LLC must file a status report regarding their retention of counsel on or before June 5, 2023. IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to place Bradley Reifler; Forefront Partners, LLC; Forefront Capital Services, LLC; and Port Royal-NCM, LLC’s last known addresses on the docket:

Bradley Carl Reifler – Register No. 20251-509 FCI Otisville Federal Correctional Institution Satellite Camp P.O. Box 1000 Otisville, NY 10963

Forefront Partners, LLC Attn: Bradley Carl Reifler – Register No. 20251-509 FCI Otisville Federal Correctional Institution Satellite Camp P.O. Box 1000 Otisville, NY 10963 Forefront Capital Services, LLC FCI Otisville Federal Correctional Institution Satellite Camp P.O. Box 1000 Otisville, NY 10963

Port Royal-NMC, LLC Attn: Bradley Carl Reifler – Register No. 20251-509 FCI Otisville Federal Correctional Institution Satellite Camp P.O. Box 1000 Otisville, NY 10963 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to mail a copy of this order to Bradley Reifler; Forefront Partners, LLC; Forefront Capital Services, LLC; and Port Royal-NCM, LLC at the addresses listed above. DATED: May 5, 2023 DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE