Judge: Craig Griffin, Case: "Ryadon, Inc. v. Uve Pro et al", Date: 2022-11-07 Tentative Ruling

The Motions to be Relieved as Counsel of Record, filed by moving counsel Sahar S. Pugh and Saba Sheida of Millstein Jackson Fairchild & Wade LLP on 8/4/22 and 8/5/22, seek orders to be relieved as counsel for Defendants Uve Pro and John Nguyen.

The Motions primarily comply with C.R.C. 3.1362.  However, the Court is concerned that defaults were entered against these clients while the Motions were pending, as the potential prejudice to the clients from a default is self-evident. In addition, for the Motion as to Mr. Nguyen, the supporting declaration addresses confirmation of the address for Uve Pro rather than for Mr. Nguyen personally, lists a different (residential?) address for him on the attached Proof of Service, but then lists the Uve Pro address on the proposed order. Moving counsel thus needs to address the different addresses used for Mr. Nguyen and confirm that service was proper for him, and if necessary, revise the proposed order accordingly. Finally, although the proposed orders as submitted correctly identified what was at the time the next CMC date, that has since been reset for 1/13/23.

The Court will therefore CONTINUE the motions to November 29, 2022, at 2:00 p.m.  Prior to the continued hearing, the following must be accomplished: a) moving counsel is to inform the clients in writing about their defaults, the effect thereof, including that an entity can appear only through counsel, and advise them to obtain counsel to address the defaults; (b) moving counsel shall then file a declaration, which shall confirm compliance but shall not attach the communication; (c) moving counsel shall confirm that the address used for service on Mr. Nguyen is current and correct, how that was recently confirmed, and submit a corrected Proposed Order showing the correct address for him; and (d) revised Proposed Orders are to be submitted for both clients which reflect the 1/13/23 CMC date.  A compliance documents must be filed and served no later than November 16, 2022.

Moving counsel is to give notice of this ruling.