David C. Traub, Richard O. Cabael, William R. Sotka, Ern Andrew Gregorio, Gloria Giselda N. Arroyo, Winelda C. Ycoy, Simon U. Cabael, and Christopher R. Asis v. Stardust389, Inc.; Airlock3839, Inc.; Christopher H. Cooper, and Patricia Ann Bellasalma

Traub · United States District Court for the District of Delaware · March 20, 2026 · No. Civil Action No. 22-1582-SRF

Summary

The court grants in part and denies without prejudice in part motions by attorneys to withdraw from representing defendants in post-judgment proceedings. Withdrawal is granted as to Christopher H. Cooper, while counsel must continue representing the corporate defendants through post-judgment deposition discovery. The order sets deadlines for Cooper to obtain counsel or proceed pro se and establishes requirements for any renewed withdrawal motions.

Holdings

  1. A motion to withdraw is committed to the district court's discretion, and counsel may withdraw upon establishing that the representation serves no meaningful purpose; nonpayment of substantial fees and a lack of communication established good cause for withdrawal here.
  2. Counsel is not required to remain in the case until a corporate client retains substitute counsel, but withdrawal may be denied temporarily when continued representation serves a meaningful purpose in pending post-judgment discovery.
  3. The motions to withdraw were granted as to Christopher H. Cooper and denied without prejudice as to Stardust389, Inc. and Airlock3839, Inc.

Questions Presented

  1. Whether counsel had established good cause to withdraw from representing the judgment debtors based on nonpayment of fees and lack of communication.
  2. Whether withdrawal should be permitted where the clients included corporate defendants that could appear in federal court only through licensed counsel and post-judgment depositions remained pending.
  3. Whether counsel could withdraw from representing Christopher H. Cooper while the corporate defendants' withdrawal motions were denied without prejudice.

Disposition

other

Cases Cited (7)

  • Ohntrup v. Makina Ve Kimya Endustrisi Kurumu, 760 F.3d 290, 295 (3d Cir. 2014)(followed)
  • LabMD Inc. v. Boback, 47 F.4th 164, 190 (3d Cir. 2022)(followed)
  • Rowland v. Cal. Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 217 (1993)(followed)
  • Simbraw, Inc. v. United States, 367 F.2d 373, 373-74 (3d Cir. 1966)(followed)
  • Endobotics, LLC v. Medrobotics Corp., C.A. No. 19-381-CFC, 2020 WL 7042892, at *1-2 (D. Del. Dec. 1, 2020)(followed)
  • Ohntrup v. Firearms Ctr., Inc., 802 F.2d 676, 679-80 (3d Cir. 1986)(followed)
  • Taylor v. ULS., C.A. No. 12-12-SLR-SRF, 2013 WL 1897839, at *2 (D. Del. May 7, 2013)(followed)

Cited In (0)

No citing cases on record yet.

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