Whoop, Inc. v. Shenzhen Lexqi Electronic Technology Co., LTD.

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
_______________________________________
)
WHOOP, INC., 	)
)
Plaintiff, 	)
) 	Civil Action No.
v. 	) 	25-12690-FDS
)
SHENZHEN LEXQI ELECTRONIC 	)
TECHNOLOGY CO., LTD., 	)
)
Defendant. 	)
_______________________________________)
ORDER ON MOTION TO WITHDRAW AS COUNSEL
SAYLOR, J.
On January 30, 2026, Kevin H. Vanderleeden and Jeffrey E. Schiller, attorneys for
defendant Shenzhen Lexqi Electronic Technology Co., Ltd., moved for leave to withdraw as
counsel. (Dkt. No. 36). They sought to withdraw because of a “breakdown in the relationship”
between themselves and defendant and “a refusal by [defendant] to pay any further amount for
[their] services.” (Id. at 2). They also indicated that “[defendant] has terminated [them] in
writing.” (Id. at 2).
Under the Local Rules of this District, an attorney must obtain leave of court to withdraw
his or her appearance under certain circumstances, including where the attorney seeks to
withdraw his or her appearance “for good cause shown.” D. Mass. L.R. 83.5.2(c). “Deciding an
attorney’s motion to withdraw in a civil case is a matter addressed to the discretion of the trial
court.” Cozy, Inc. v. Dorel Juvenile Grp., Inc., 711 F. Supp. 3d 19, 21 (D. Mass. 2025) (quoting
Lieberman v. Polytop Corp., 2 F. App’x 37, 39 (1st Cir. 2001)).
The principal issue with the present motion is that no other counsel has appeared for
defendant in this matter, and no successor counsel has entered an appearance. Under the Local
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Rules, “[a] corporation . . . may not appear pro se.” D. Mass. L.R. 83.5.5(c). Accordingly, if
Attorneys Vanderleeden and Schiller are permitted to withdraw, the corporation will be without
counsel. A likely consequence of allowing the motion is that the corporation will be deemed to
be in default, and a subsequent judgment or other order may enter holding it liable for all claims
asserted against it.
Under the circumstances, the Court cannot immediately allow the motion. Instead, the
Court will allow some additional time for defendant to locate successor counsel. If successor
counsel enters an appearance for defendant, the motion to withdraw will be granted as of the date
of that appearance. If no successor counsel has entered an appearance by February 18, 2026, and
the Court has not extended that time period, the motion to withdraw will be granted on that date,
and plaintiff may then seek an entry of default.
So Ordered.
/s/ F. Dennis Saylor IV
F. Dennis Saylor IV
Dated: February 4, 2026 	United States District Court Judge
Case 1:25-cv-12690-FDS Document 39 Filed 02/04/26 Page 2 of 2