Judge: David A. Hoffer, Case: 30-2019-1073098, Date: 2023-01-09 Tentative Ruling

The motion of attorney Andrew P. Young of Barnes & Thornburg LLP to be relieved as counsel of record for cross-defendant MusclePharm Corporation (“MusclePharm”) is DENIED without prejudice.

The motion was originally noticed for hearing on April 17, 2023, but was advanced, pursuant to moving counsel’s ex parte application, to January 9, 2023.  (See ROA 889 and 919.)  Although moving counsel submitted a proof of service on MusclePharm as to the original hearing date of April 17, 2023, there is no indication in the court’s files that MusclePharm was served with notice of the advanced hearing date.  Given that no opposition was filed, the court is unable to determine if MusclePharm received notice of the new hearing date.

Thus, the court must deny the motion.  The denial is without prejudice to a further motion.  Moreover, the court may reconsider this tentative if moving counsel appears in court with evidence showing that MusclePharm was served with notice of the new hearing date.   

Moving counsel is ordered to give notice of this ruling.