IO Group, Inc. et al v. GLBT, Ltd. et al

RESPONSE

N.D. Cal.November 15, 2011

PLAINTIFF’S OPPOSITION TO MOTION TO WITHDRAW C-10-1282 (MMC) 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. GILL SPERLEIN (172887) THE LAW OFFICE OF GILL SPERLEIN 345 Grove Street San Francisco, California 94102 Telephone: (415) 404-6615 Facsimile: (415) 404-6616 gill@sperleinlaw.com MARC JOHN RANDAZZA (269535) RANDAZZA LEGAL GROUP 6525 Warm Springs Road, Suite 100 Las Vegas, NV 89118 Telephone: 888-667-1113 Facsimile: 305-437-7662 (fax) MJR@randazza.com Attorneys for Plaintiffs, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION IO GROUP, INC., a California corporation, CHANNEL ONE RELEASING, Inc., a California corporation and LIBERTY MEDIA HOLDINGS, LLC., a California corporation, Plaintiffs, vs. GLBT, Ltd., a British limited company, MASH and NEW, Ltd., a British limited company, PORT 80, Ltd., a company of unknown origin or structure, STEVEN JOHN COMPTON, an individual living in the United Kingdom, and DAVID GRAHAM COMPTON, an individual living in the United Kingdom. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: C-10-1282 (MMC) PLAINTIFF’S OPPOSITION TO JONATHAN CAPP’S MOTION TO WITHDRAW AS ATTORNEY OF RECORD Date: December 23, 2011 Time: 9:00 a.m. Place: Courtroom 7, 19 th Floor Case3:10-cv-01282-MMC Document141 Filed11/15/11 Page1 of 3 PLAINTIFF’S OPPOSITION TO MOTION TO WITHDRAW C-10-1282 (MMC) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jonathan Capp has filed a Motion to Withdraw as Counsel for all Defendants, including two individual defendants and three corporate defendants. (ECF 139). To the extent that Jonathan Capp has moved to with draw as attorney of record for individual Defendants STEVEN JOHN COMPTON and DAVID GRAHAM COMPTON, Plaintiffs do not object, provided Mr. Capp continues to accept papers on their behalf through the electronic case filing system and forwards documents to the individual defendants. With regard to the corporate defendants, Plaintiffs note that the Court previously informed the Defendants that corporate defendants may not appear in court without counsel, citing United States v. High Country Broadcasting Co., Inc., 3 F.3d 1244, 1245 (9 th Cir. 1993) (affirming entry of default judgment against corporation where corporation failed to retain counsel.) (ECF 130 at fn.1). In spite of the Court’s admonition, Defendants have not notified the Court of substitute counsel. Moreover, Mr. Capp, in his sworn declaration stated that his clients know of and support his Motion to Withdraw in spite of the Court’s admonition that it could enter default against unrepresented corporate defendants. Capp Declaration in Support of Motion to Withdraw at ¶¶ 2-4. Accordingly, Plaintiffs do not oppose Mr. Capp’s Motion to Withdraw as counsel for the corporate defendants, provided that concurrently with the order relieving Mr. Capp as attorney of record, the Court enters default against corporate defendants, GLBT, Ltd., MASH and NEW, Ltd., and PORT 80, Ltd. However, if the Court declines to enter default against the corporate defendants, Plaintiffs request that Mr. Capp remain as attorney of record unless substitute counsel is arranged in advance. /// /// /// Case3:10-cv-01282-MMC Document141 Filed11/15/11 Page2 of 3 PLAINTIFF’S OPPOSITION TO MOTION TO WITHDRAW C-10-1282 (MMC) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Furthermore, given the uncertainty created by this withdrawal, the Plaintiffs are unsure as to which parties will be subject to a Motion for Summary Judgment. In light of this open issue, Plaintiffs respectfully request a further extension of the time to file their Motion for Summary Judgment to thirty days from the date the Court issues an Order on the present Motion. Respectfully submitted, Dated: November 15, 2011 /s/ D. Gill Sperlein D. GILL SPERLEIN THE LAW OFFICE OF D. GILL SPERLEIN Attorneys for Plaintiffs Dated: November 15, 2011 /s/ Marc Randazza Marc Randazza General Counsel Liberty Media Holdings, LLC Attorneys for Plaintiffs Case3:10-cv-01282-MMC Document141 Filed11/15/11 Page3 of 3