United States District Court, W.D. Washington, Seattle
BEAUTYKO LLC; LINOI LLC; SHOP FLASH USA INC.; BEAUTYKO USA INC.; AND BENNOTI USA INC., Plaintiffs,
AMAZON FULFILLMENT SERVICES, INC., Defendant.
ORDER GRANTING IN PART MOTION TO WITHDRAW AS COUNSEL
AND DEFERRING RULING ON AMAZON’S MOTION TO
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.
matter comes before the Court on a Motion for Withdrawal
(Dkt. #50) filed by counsel of record for Plaintiffs and a
telephonic Motion filed by Defendant Amazon Fulfillment
Services, Inc., (“Amazon”), (see Dkt.
#56). Plaintiffs’ counsel requests relief under Local
Rule 83.2(b). Amazon’s Motion, brought after the Motion
to Withdraw, seeks to compel Avi Sivan, the principal of the
Plaintiffs’ companies, to produce an amended errata to
his deposition testimony consistent with a representation
made in a subsequent email.
Court will address the Motion to Withdraw first.
Plaintiffs’ counsel have satisfied the procedural
requirements of Local Rule 83.2(b). Counsel have certified
service of their Motion on opposing counsel and Plaintiffs as
required. Dkt. #50 at 2. Counsel have also properly noted
their Motion for consideration three Fridays after filing.
Under Local Rule 83.2(b)(3), a business entity, except a sole
proprietorship, must be represented by counsel, and that
withdrawing counsel must advise their client of this rule and
the consequences of their withdrawal. Plaintiffs’
counsel states via declaration that they advised Plaintiffs
that “because they are business entities they are
required by law to be represented by an attorney admitted to
practice before this court and that failure to obtain a
replacement attorney may result in the dismissal of
Plaintiffs’ claims and entry of default against
Plaintiffs on Amazon’s counterclaims.” Dkt. #51
at ¶ 4. The Court notes that new counsel has not
appeared in this matter, nor has the Court been informed of
any progress on that front.
counsel have also provided substantial evidence to support
their request. An attorney who requests withdrawal will
ordinarily be permitted to do so “until sixty days
before the discovery cut off date in a civil
case…” LCR 83.2(b)(1). Discovery has long since
ended, as have nearly all other pre-trial deadlines,
including the deadline for motions in limine. Dkt. #55. The
trial date has been continued repeatedly, and is now set for
October 10, 2017. Id. In their Motion,
Plaintiff’s counsel state only that
“[p]rofessional considerations require that Yarmuth
Wilsdon PLLC move to withdraw as counsel for Plaintiffs in
this action.” Dkt. #50 at 1. However, Plaintiffs’
counsel have also submitted documents for in camera
review. See Dkt. #56 (minute entry for telephone
conference held on Defendant’s Motion to Compel, where
Plaintiffs’ counsel indicated they would submit
materials on the instant Motion for in camera
review). The Court notes, with some concern, that
Plaintiffs’ counsel have not certified that copies of
these documents were sent to Plaintiffs.
Amazon has filed a Response but does not oppose this Motion.
Dkt. #57 at 1. Instead, Amazon makes several requests of the
Court: a) that trial not be continued; b) that the Court set
August 14, 2017, as a settlement deadline; c) that “the
Court impose a deadline on Plaintiffs of no later than August
14, 2017, whether directly or via counsel, to provide the
outstanding amended errata of Avi Sivan;” and d) that
the Court impose a deadline of August 9, 2017, for Plaintiffs
to appear through new counsel or the Court will
“immediately enter an order of default and the Court
sua sponte set a date for an evidentiary hearing for
Amazon to submit evidence supporting entry of default
judgment against Plaintiffs.” Dkt. #57 at 2.
Court has reviewed the record, including the documents
submitted for in camera review, and finds good cause
for the withdrawal of Plaintiffs’ counsel as individual
attorneys and the firm in general. It is not possible for
Plaintiffs’ counsel to continue to represent Plaintiffs
in this matter without running the significant risk of
violating the Rules of Professional Conduct. The Court is
satisfied that Plaintiffs have been adequately informed of
the reasons for withdrawal and the necessity to obtain new
counsel. Accordingly, the Motion to Withdraw will be granted.
The Court is concerned by Plaintiffs’ apparent failure
to obtain new counsel, given the proximity to trial and the
severe consequences facing Plaintiffs.
to Amazon’s requests, the Court first agrees that the
trial date should not be extended further at this time. New
counsel, if obtained, still has several weeks to prepare for
trial. The Court does not believe it is proper or helpful to
impose an arbitrary settlement deadline two months before
trial and will not do so.
Amazon’s third request and its Motion to Compel, the
Court is inclined to grant Amazon’s Motion based on the
record so far. On the other hand, given that Plaintiffs are
expected to obtain new counsel immediately, the Court will
further defer ruling on the Motion to Compel and provide
Plaintiffs an opportunity to properly respond, either by
requesting a second telephonic hearing or by filing an
opposition brief, not to exceed six pages, no later than
August 24, 2017. Absent such, Amazon’s Motion will be
Amazon’s fourth request, the Court will impose a
deadline of August 24, 2017, for Plaintiffs to appear through
new counsel. Should Plaintiffs fail to obtain counsel and
make an appearance, the Court will enter an Order of Default
and sua sponte set a date for an evidentiary hearing
for Amazon to submit evidence for entry of default judgment
reviewed the relevant briefing and the remainder of the
record, the Court hereby finds and ORDERS that:
1. Plaintiffs’ Counsel’s Motion to Withdraw (Dkt.
#50) is GRANTED. The Court directs that Plaintiffs’
counsel and the law firm Yarmuth Wilsdon PLLC be terminated.
Plaintiffs are currently without counsel and must have new
counsel enter an appearance no later than August 24, 2017.
All further correspondence to Plaintiffs shall be sent to the
BEAUTYKO LLC 10 Bond Street, Suite 296 Great Neck, NY 10021
Telephone: (516) 441-5290
LINOI LLC 3 White Pine Lane Great Neck, NY 11023 Telephone:
SHOP FLASH USA INC. 10 Bond Street, Suite 296 Great Neck, NY