ORDER DENYING MOTION

TO BE RELIEVED AS ATTORNEYS OF RECORD

On this date came for consideration Wang, Hartmann, Gibbs & Cauley’s (“WHGC”) and McGinnis, Lochridge & Kilgore’s (“MLK”) Motion to be Relieved as Attorneys of Record (D.E. # 46). Having considered the motion, the plaintiff's response and relevant law, the Court DENIES this motion, without prejudice to refiling.

In their motion, WHGC's and MLK's attorneys represent that on July 18, 2008, Vivitar's parent company, Syntax-Brillian filed for bankruptcy protection. Shortly thereafter, Syntax-Brillian sold the intellectual property of Vivitar and its name. Syntax-Brillian also created a holding company, SBC Assets Holding Company, to become the “new” Vivitar entity, or what remained after the sale of the name and intellectual property. Ever since Syntax-Brillian’s filing for bankruptcy protection, there has been a complete disintegration of the attorney-client relationship, including failure on the part of the clients to abide by contractual obligations to WHGC and MLK. Therefore, they request that the Court grant this motion. They contend that Syntax-Brillian’s General Counsel, Michael Miller can step in as counsel for Vivitar in this case.

Plaintiffs argue that Vivitar must be represented by licensed counsel in this action. Therefore, they oppose current counsel's withdrawal prior to Vivitar retaining new counsel. The Court agrees. See Motionless Keyboard Co. v. Microsoft Corp.,184 Fed. Appx. 967, 968 (Fed. Cir. 2006) (citing 28 U.S.C. § 1654; Rowland v. Calif. Men's Colony, 506 U.S. 194, 201-02 (1993)). Presently, Mr. Michael Miller is not listed as counsel of record in this case. Therefore, the Court DENIES the attorneys' request to withdraw until Mr. Miller, or another licensed attorney, appears as counsel of record for Vivitar in this case.

It is so ORDERED.