The People of the State of New York v. Arm or Ally, LLC

Background

On February 5, 2023, Christian W. Waugh, counsel for Indie Guns, LLC, filed a motion to withdraw as the company’s counsel.

Order

The court ordered defense counsel, by February 8, 2023, to serve Indie Guns, LLC, with the motion’s supporting documents, if they had not already been served, and with a copy of the order. Counsel had to file proof of service on the docket by February 10, 2023.

Any opposition to the withdrawal motion, whether from Indie Guns, LLC or another party, was due by February 13, 2023. Any reply was due by February 17, 2023. The court did not grant the withdrawal motion in this order. Unless and until the court grants it, Waugh remains counsel of record for Indie Guns, LLC, and discovery must proceed as scheduled. If Indie Guns, LLC had obtained new counsel, that lawyer was directed to promptly file a notice of appearance to help ensure a smooth transition if withdrawal were granted.

Effect on Indie Guns, LLC

The court cautioned that a corporation may appear in federal court only through counsel. If the court grants Waugh’s motion and new counsel does not appear for Indie Guns, LLC, the court stated that default judgment may be entered against the company.

Disposition

This order sets service, briefing, and case-management requirements concerning the motion to withdraw. It does not state that the motion was granted or denied.