Smart Team Global LLC v. Humbletech LLC
- Alison Nathan
- 1:19-cv-04873-AJN-BCM
- U.S. District Court · Southern District of New York
- 2
In Smart Team Global v. HumbleTech, Judge Nathan granted counsel’s withdrawal, stayed the case 30 days, and set conditions for new representation.
HumbleTech LLC, Lin Li, Smart Team Global, LLC, and the attorneys involved in the case.
What happened
In Smart Team Global LLC v. HumbleTech LLC, the court considered defense counsel’s request to withdraw after proof of service was submitted for Defendant Lin Li. The opinion does not address the underlying claims.
The court granted the motion to withdraw as counsel for HumbleTech LLC and stayed the action for 30 days so HumbleTech could obtain new counsel and have that lawyer file an appearance. The court warned that a limited liability company must be represented by counsel and that the plaintiff may seek a default if no new counsel appears during that period.
Judge Alison J. Nathan also ordered the parties to discuss discovery and provide a status update within two weeks after new counsel appears. Outgoing counsel had to serve the order on HumbleTech LLC and Lin Li and file proof of service.
The detailed version
- Smart Team Global LLC v. Humbletech LLC · No. 1:19-cv-04873-AJN-BCM
- Alison Nathan
- Dec. 11, 2020
Background
The order states that, on November 24, 2020, counsel for Defendant HumbleTech LLC submitted proof of service on Defendant Lin Li, as required by an earlier court order. Butzel Long, P.C. had moved to withdraw as counsel of record for HumbleTech LLC.
Rulings and orders
The court granted Butzel Long, P.C.’s motion to withdraw. The order separately states that Joshua Eli Abraham was withdrawn as counsel of record for HumbleTech LLC.
The court stayed the action for 30 days to allow HumbleTech LLC to obtain new counsel and for that counsel to file a notice of appearance. The court explained that limited liability companies must be represented by counsel. If no new counsel appeared for the defendants by the end of the 30-day period, the plaintiff could file a motion for default for failure to defend under Federal Rule of Civil Procedure 55. The opinion does not state that the plaintiff filed, or that the court granted, any default motion.
The court ordered the parties to meet and discuss discovery and provide an update on discovery within two weeks after new counsel entered an appearance. Outgoing counsel was ordered to serve the order on HumbleTech LLC and Lin Li by December 14, 2020, and file proof of service on the public docket. The order states that this resolved Docket No. 43.
Effect of the order
This was a case-management and representation order. It did not decide the merits of Smart Team Global, LLC’s claims or HumbleTech LLC’s defenses.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.