The Barter House, Inc. v. Infinity Spirits LLC

Background

The court received an ex parte letter— a communication to the court from one side without the other side’s participation—from defendant Brian Hopkins. The letter reported that defense counsel Andy Oh had died on January 14, 2020. Hopkins also asked for permission to send another letter under seal concerning how the circumstances might have affected the case, but the order does not state that the court ruled on that request.

Order

The court adjourned, or postponed, the briefing deadlines for the plaintiffs’ motion for partial summary judgment. Defendants’ opposition, previously due January 24, 2020, was rescheduled for February 28, 2020. Plaintiffs’ reply, if any, was due March 6, 2020. The court stated that the trial would proceed as scheduled.

The court directed Hopkins to retain successor counsel for the corporate defendants and, if he wished, for himself. It stated that the corporate defendants were required to be represented by counsel to proceed in the case. Successor counsel had to file a notice of appearance by February 14, 2020. The court warned that if counsel for the corporate entities did not appear by that date, it would be obliged to enter a default judgment against those entities. The court also stated that it would email the order to Hopkins in addition to filing it on the public docket.

Disposition and effect

This order changed briefing deadlines and imposed a deadline for corporate defendants to obtain counsel; it did not decide the plaintiffs’ partial-summary-judgment motion. The order was signed by Judge Paul A. Engelmayer on January 30, 2020.