GS Holistic, LLC v. Wireless & Smoke LLC et al

THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICTOF OHIO
WESTERN DIVISIONAT DAYTON
GS HOLISTIC, LLC
Plaintiff,
V.
Case No. 1:23-cv-748
District Judge Walter H. Rice
WIRELESS& SMOKE LLC, et al.
Defendants.
DECISION AND ENTRY OVERRULING PLAINTIFF'S MOTION FOR SANCTIONS
AGAINST DEFENDANTS FOR FAILURE TO APPEAR FOR DEPOSITION, DOC. #88;
SUSTAINING MOTION OF DEFENDANTS' COUNSEL TO WITHDRAW AS
ATTORNEY FOR DEFENDANTS; DIRECTIVE TO DEFENDANTS
Based upon the reasoning set forth by Defendants' Counsel and the Court,
during a July 22, 2026, conference call. Plaintiff's Motion for Sanctions against
Defendants for Failure to Appear at Deposition and Motion for Attorney's Fees,
Doc. #88, is OVERRULED. The Motion of Defendants' Counsel to withdraw from
representation of Defendants, Doc. #89, on the basis that he has been unable to
reach his clients to schedule a deposition desired by Plaintiff, is SUSTAINED.
Defendants are advised that their attorney has sought and been granted
leave to withdraw as their Counsel, due to his inability to contact Defendants to
arrange a deposition sought by Plaintiff. While the individual Defendant can
represent himself, said individual Defendant, not being an attorney licensed to
Case: 1:23-cv-00748-WHR Doc #: 91 Filed: 08/11/26 Page: 1 of 2 PAGEID #: <pageID>

practice In this jurisdiction, cannot represent a corporate entity. Defendants are
advised that they have thirty (30) days following the filing of this Entry both to
secure a new attorney and to have him/her enter an appearance as Defendants
representative with the Clerk of Courts of the Southern District of Ohio, located in
Dayton. Defendants' failure to secure successor Counsel and to have that Counsel
enter an appearance, will give Plaintiff's Counsel cause to seek an Order of Default
from the Clerk of Courts Office and, should he deem it advisable, to file a
subsequent Motion for Default Judgment.
IT IS SO ORDERED.
August 11, 2026
LJ 	ti. ^s^^
WALTER H. RICE, JUDGE
UNITED STATES DISTRICT COURT
Case: 1:23-cv-00748-WHR Doc #: 91 Filed: 08/11/26 Page: 2 of 2 PAGEID #: <pageID>