Judge: William D. Claster, Case: 21-01209318, Date: 2023-09-01 Tentative Ruling

1. Defendant Enjoy Technology, Inc.'s Attorneys Mark S Posard; Jennifer M. Holly; and Cristina Mehling's Notice of Motion and Motion to Be Relieved as Counsel of Record  ROA 181

2. Review Hearing

Mark S. Posard, Jennifer M. Holly and Cristina Mehling move to be relieved as counsel for Defendant Enjoy Technology, Inc. for non-payment of fees. Their motion is DENIED WITHOUT PREJUDICE.

On July 5, 2022, Defendant informed the Court that it had filed for bankruptcy under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware. (ROA 155.) This automatically stayed proceedings. Defendant subsequently has put on evidence that the bankruptcy court confirmed its Chapter 11 plan. (ROA 192, Ex. B.) But there is no evidence in the current record that Defendant has been discharged from bankruptcy, or that the bankruptcy court has otherwise lifted the stay. As a result, Counsel’s motion is denied without prejudice to renewal when the stay is lifted.