Opinion
20-cv-517-MMA (RBM)
10-05-2021
PRODUCE PAY, INC., Plaintiff, v. FVF DISTRIBUTORS INC. et al., Defendants.
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL [DOC. NO. 63]
HON. MICHAEL M. ANELLO UNITED STATES DISTRICT JUDGE
On September 16, 2021, John F. Lenderman filed a motion to withdraw as counsel of record for Defendants FVF Distributors Inc. and F. David Avila (“Defendants”). The Court directed Mr. Lenderman to file a supplemental declaration establishing his entitlement to withdraw under, and compliance with, the Civil Local Rules. See Doc. No. 64. Mr. Lenderman timely filed a supplemental declaration. See Doc. No. 66.
Mr. Lenderman explains that on August 26, 2021, Mr. Avila-both an individual defendant and FVF Distributors's only controlling officer-passed away. See Doc. No. 63-1 at ¶¶ 2-3. According to his supplemental declaration, Mr. Lenderman has properly notified Mr. Avila's spouse of the pending motions, including his motion to withdraw, in accordance with Civil Local Rule 83.3.f.3.a-b. See Doc. No. 66 at 1. Mr. Lenderman also explains that-in addition to Mr. Avila's death making it unreasonably difficult to effectively carry out his legal responsibilities-he has never 1 received compensation and is owed a significant amount of money. See Id. at 2. The motion is unopposed to date.
Having reviewed the motion and supporting documents, good cause appearing, the Court GRANTS the motion and DIRECTS the Clerk of Court to update the docket of this action accordingly. Further, the Court notes that as Mr. Avila is deceased, he can no longer proceed pro se and FVF Distributors, as a corporation, cannot proceed pro se by some other representative. See CivLR 83.3.j. Accordingly, the Court DIRECTS Defendants to obtain counsel and file a notice of appearance on the docket on or before November 12, 2021. The Court further DIRECTS Mr. Lenderman to serve a copy of this Order on Mr. Avila's spouse and any other survivors or representatives of his clients.
IT IS SO ORDERED. 2