Court, Explained
U.S. Federal District Courts
←Back to docket
S.D.N.Y.Procedural orderFiled Apr. 11, 2022

Martin Bauer, Inc. v. Brands Within Reach, LLC.

Judge
Vincent Briccetti
Docket
7:21-cv-05576
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Martin Bauer v. Brands Within Reach, Judge Briccetti granted defense counsel’s withdrawal motion and reminded the company it must obtain counsel or risk default judgment.

Who this affects

Brands Within Reach, LLC, its former attorneys Mark Steven Mulholland and Jonathan Christopher Sullivan, and Martin Bauer, Inc. were affected by the order’s representation, scheduling, service, and docket directions.

What happened

Martin Bauer, Inc. v. Brands Within Reach, LLC involved the withdrawal of the defendant’s attorney after a court conference attended by counsel for all parties.

The court granted the attorney’s motion to withdraw. It scheduled the next case-management conference for May 16, 2022, and directed Brands Within Reach, LLC to appear through newly engaged counsel. The court reminded the company that a limited liability company cannot appear in federal court without a lawyer and said the plaintiff might be allowed to seek default judgment if the company did not obtain representation or request more time.

Judge Vincent L. Briccetti also directed the former attorneys to serve the order, removed them from the docket and electronic notification list, and ordered the defendant’s address updated.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Martin Bauer, Inc. v. Brands Within Reach, LLC. · No. 7:21-cv-05576
Judge
Vincent Briccetti
Date
Apr. 11, 2022

Order

At a conference held on the record, with counsel for all parties present, the court granted Brands Within Reach, LLC’s attorney’s motion to withdraw as counsel.

Scheduling and Representation

The court scheduled the next case-management conference for May 16, 2022, at 9:30 a.m., in person at the White Plains courthouse. It directed all counsel to appear and stated that Brands Within Reach, LLC must appear through newly engaged counsel.

The court reminded the defendant that a limited liability company may not appear in federal court without counsel and that a non-attorney may not act on behalf of a company. The court stated that if the defendant failed to engage legal representation or seek an extension of time by the conference, it might permit Martin Bauer, Inc. to seek default judgment. The order did not enter default judgment.

Other Directions

The court directed the defendant’s prior counsel to serve a copy of the order on the defendant and file proof of service by April 15, 2022. The Clerk of Court was directed to terminate Mark Steven Mulholland, Esq., and Jonathan Christopher Sullivan, Esq., from the docket and remove them from the electronic notification list. The Clerk was also directed to update the defendant’s address on the docket.

Disposition

This was a procedural order concerning counsel, scheduling, service, and docket administration. Judge Vincent L. Briccetti granted the motion to withdraw as counsel and issued the related directions described above.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
Summary written with AI assistance. See how summaries are made. Spot something wrong? Tell us.