Elohim EPF USA, Inc. v. 162 D & Y Corp.
- P. Castel
- 1:19-cv-02431
- U.S. District Court · Southern District of New York
- 2
In Elohim EPF USA v. 162 D & Y, Judge Aaron set response deadlines and granted counsel’s request to seal two exhibits.
Rivkin Radler LLP and the defendants Harmony Karaoke KTV, Inc., Joseph N. Zoino, G S Global Corp., and David Rhee; the order also addressed Exhibits A and D to Gene Y. Kang’s declaration.
What happened
In Elohim EPF USA, Inc. v. 162 D & Y Corp., the court addressed counsel’s request to withdraw and related filings. It ordered Rivkin Radler LLP to mail the motion papers and the order to specified defendants and file proof of service by August 6, 2021.
The defendants could respond by August 20, 2021. The court warned that the corporate defendants could not appear without a lawyer in federal court; if their lawyer withdrew and no replacement appeared, the court could enter a default judgment. The individual defendants could represent themselves but still had to follow court orders and deadlines.
The court did not yet decide the withdrawal motions, including a separate motion filed by co-counsel. It granted Rivkin Radler LLP’s motion to seal Exhibits A and D because they contained privileged communications. Judge Stewart D. Aaron issued the order.
The detailed version
- Elohim EPF USA, Inc. v. 162 D & Y Corp. · No. 1:19-cv-02431
- P. Castel
- July 30, 2021
What the order addressed
This was a case-management order concerning a motion by Rivkin Radler LLP to withdraw as counsel for certain defendants, service of that motion, deadlines for responses, and sealing of two exhibits. The order did not decide the motion to withdraw.
Service and response deadlines
The court ordered Rivkin Radler LLP to serve the motion to withdraw, related papers, and a copy of the order on Harmony Karaoke KTV, Inc., Joseph N. Zoino, G S Global Corp., and David Rhee by first-class mail at their last known addresses. Rivkin Radler LLP had to file proof of service no later than August 6, 2021.
The defendants had until August 20, 2021, to file any response to their counsel’s motion to withdraw. They also had to provide any response to their current counsel, who then had to file it electronically upon receipt.
Warnings about representation and default
The court advised that Karaoke KTV, Inc. and GS Global Corp. could not appear without counsel in federal court. If Rivkin Radler LLP was permitted to withdraw and no replacement counsel appeared, the court stated that a default judgment could be entered against those corporations.
The court stated that Joseph N. Zoino and David Rhee could represent themselves. It also warned that they still had to comply with court orders and deadlines, and that failing to do so could result in sanctions, including entry of a default judgment.
Sealing ruling
The court granted Rivkin Radler LLP’s motion to seal Exhibits A and D to the declaration of Gene Y. Kang. The order states that the exhibits contained privileged communications.
Disposition
The court ordered service and set response deadlines, warned the defendants about representation and possible default, and granted the motion to seal Exhibits A and D. It stated that it would decide the withdrawal motions after the deadline for responses had passed.
Judge
Stewart D. Aaron, United States Magistrate Judge, signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.