Patsy's Brand, Inc. v. I.O.B. Realty, Inc.
- Kimba Wood
- 1:99-cv-10175
- U.S. District Court · Southern District of New York
- 1
In Patsy's Brand v. I.O.B. Realty, Judge Wood converted a hearing, continued discovery obligations, and restricted counsel withdrawal until new trademark counsel was retained.
The defendants and their attorneys, including Paul Grandinetti and Steven M. Levy, as well as the parties and counsel required to attend the conference and comply with the December 3 discovery order.
What happened
Patsy's Brand, Inc. v. I.O.B. Realty, Inc. concerned a December 11, 2019 hearing and related representation and discovery issues. The opinion does not decide the underlying dispute between the parties.
The court converted the scheduled hearing into a conference about the defendants’ representation and related procedures. It required all parties and counsel to attend, and required Paul Grandinetti to be prepared to testify. The court also kept its December 3 order in effect, including its discovery deadlines and requirements.
Judge Kimba M. Wood ruled that Mr. Grandinetti could not withdraw as counsel until the defendants retained new trademark counsel because a corporation must appear through an attorney. The court allowed Steven M. Levy to seek permission to withdraw without a pre-motion conference and excused him from attending the December 11 conference.
The detailed version
- Patsy's Brand, Inc. v. I.O.B. Realty, Inc. · No. 1:99-cv-10175
- Kimba Wood
- Dec. 6, 2019
Nature of the Order
This was a procedural order addressing a scheduled hearing, discovery compliance, and the defendants’ legal representation. It did not decide the underlying claims.
Court’s Directions
The court converted the December 11, 2019 hearing into a conference concerning the defendants’ representation and related procedural matters. It ordered all parties and counsel to appear and required Paul Grandinetti to be prepared to testify.
The court stated that its December 3, 2019 order remained in effect. Paul Grandinetti and the attorneys responsible for producing the discovery identified in that order were required to comply with all of its terms and deadlines.
Representation Ruling
The court relied on the rule that a corporation may not appear in a lawsuit except through an attorney. Based on that rule, it would not permit Mr. Grandinetti to withdraw as counsel until the defendants retained new trademark counsel.
The court separately stated that Steven M. Levy could move to withdraw as counsel without a pre-motion conference and would not be required to appear at the December 11 conference.
Disposition
The court converted the hearing into a conference, continued the obligations in the December 3 order, limited Mr. Grandinetti’s withdrawal until new trademark counsel was retained, and excused Mr. Levy from the conference. The order did not resolve the merits of the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.