Lucky29 Liquors, LLC v. Best Aircraft Deals, LLC ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Lucky29 Liquors, LLC, 2:24-cv-00857-APG-MDC 4 Plaintiff(s), ORDER GRANTING MOTION TO 5 vs. WITHDRAW 6 Best Aircraft Deals, LLC., 7 Defendant(s). 8 Plaintiff’s counsel – Jeffrey R. Sylvester, Esq. and Kelly L. Schmitt, Esq. of the law firm of 9 Sylvester & Polednak, Ltd.– have filed an Emergency Motion to Withdraw (ECF No. 29) from 10 representing plaintiff Lucky29 Liquors, LLC. Under Local Rule (“LR”) IA 11-6(b) “[if] an attorney 11 seeks to withdraw after appearing in a case, the attorney must file a motion or stipulation and serve it on 12 the affected client and opposing counsel.” LR IA 11-6(b). 13 Counsel served their motion as required and plaintiff did not respond or oppose. Defendant filed 14 a non-opposition to the motion. The grounds for withdrawal include failure to communicate, failure to 15 provide documents and information, and failure to pay for services. ECF No. 29. Counsels certify that 16 they have advised plaintiff of their intent to withdraw and the need for plaintiff to retain new counsel. Id. 17 The Court finds that good cause exists to grant leave to withdraw. 18 Plaintiff is cautioned that it may not proceed pro se and must retain counsel. In federal courts, 19 corporate entities may only appear through licensed counsel. United States v. High Country Broad. Co., 20 United States v. High Country Broad. Co, 3 F.3d 1244, 1245 (9th Cir. 1993). Plaintiff must retain 21 counsel and file a notice of appearance by new counsel on or before November 15, 2024. 22 23 ACCORDINGLY, 24 IT IS ORDERED that: 25 1. The Motion to Withdraw (ECF No. 29) is GRANTED. 2. The Clerk of Court is kindly directed to remove Jeffrey R. Sylvester, Esq. and Kelly L. 5 Schmitt, Esq. of the law firm of Sylvester & Polednak, Ltd. as counsel of record for plaintiff 3 and from electronic service list for this case. 4 3. The Clerk of the Court is kindly directed to add the last known address of plaintiff to the 5 docket and send a copy of this Order to plaintiff’s last known address: 6 Lucky29 Liquors, LLC 7 c/o Blane Huff, Manager 3550 E. Post Road, Unit 500 8 Las Vegas NV, 89120 970-646-1222 9 blane@lucky29liquors.com 10 4. Plaintiff shall file a notice of appearance by new counsel on or before November 15, 2024. Failure to timely comply with this order may result in a recommendation that this case be dismissed. 13 14 DATED this 16" day of October 2024. JLI 15 IT IS SO ORDERED. Lif a2 co 4 a O ff AA 16 Yo ff \ M Hon. Maximiliang D. Cguvillier III 18 United States Mapistrate Judge 19 20 21 22 23 24 25