UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:20-cv-22423-UU

SH GROUP GLOBAL IP HOLDINGS, L.L.C.,

A Delaware limited liability company, 

Plaintiff,

v.

2399 COLLINS AVENUE CONDOMINIUM 

ASSOCIATION, INC., a Florida corporation, 

and JOHN P. BOSTANY, an Individual, 

Defendants.

2399 COLLINS AVENUE CONDOMINIUM 

ASSOCIATION, INC., a Florida corporation,

Counterclaimant,

v.

SH GROUP GLOBAL IP HOLDINGS, L.L.C.,

A Delaware limited liability company, 

Counter-defendant.

ORDER ON MOTIONS TO WITHDRAW AS 

COUNSEL FOR DEFENDANTS/COUNTERCLAIMANTS

THIS CAUSE is before the Court upon Defense Counsel Allen, Dyer, Doppelt & Gilchrist, 

PA law firm’s Unopposed Motion to Withdraw as Counsel for Defendants/Counterclaimants (D.E. 

49) (the “Allen Dyer Motion”) and Defense Counsel Dania S. Fernandez & Associates P.A.’s law 

firm’s Unopposed Motion to Terminate the Allen, Dyer, Doppelt & Gilchrist, PA law firm as 

Counsel (D.E. 48) (the “Dania Fernandez Motion”). 

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The Court has reviewed the Motions, pertinent portions of the record, and is otherwise fully 

advised in the premises. 

This case is an alleged trademark infringement, breach of contract, and tortious interference

with business interests dispute. See D.E. 1. The Allen Dyer law firm, which represents 

Defendants/Counterclaimants, explains that they “have and continue to have irreconcilable 

differences as to the conduct of the instant litigation, which have and shall continue to compromise 

the independence of [Counsel] and impact Counsels’ ability to meet their obligation to this Court.” 

D.E. 49 at 1. The Allen Dyer law firm further explains that:

Defendants recently filed pleadings with this Court which Counsel believes are not 

accurate and suggest improper conduct on behalf of Counsel. (D.E. 46, 47)[1] This 

creates an immediate and unreconcilable conflict. Pursuant to Rule 4-1.6(c), Rules 

of Professional Conduct, Counsel advises the Court it has not refused to produce 

documents and has never suggested, advised, or hinted in any manner that Mr. 

Bostany, a practicing lawyer, should ‘pretend’ something to be not what it is or in 

any way mislead this Court. If Counsel’s conduct becomes an issue in this case, 

Counsel is prepared to respond to the allegations in more detail.

D.E. 49 at 2.

The Court agrees that irreconcilable differences constitute good cause for the Allen Dyer 

firm to withdraw. It is hereby

ORDERED AND ADJUDGED that the Motions, D.E. 48 and D.E. 49, are GRANTED. 

The Allen, Dyer, Doppelt & Gilchrist, P.A. law firm, Brian R. Gilchrist, Esq., and Stephanie 

Vazquez, Esq. are hereby WITHDRAWN as counsel in this case, and shall have no further 

responsibility for Defendants/Counterclaimants 2399 Collins Avenue Condominium Association, 

Inc. and John P. Bostany in this action. The Clerk of Court SHALL remove Brian R. Gilchrist, 

1 Docket entries 46 and 47 are Responses and accompanying exhibits in Opposition to Plaintiff's 

Motion to Compel Defendant John P. Bostany to Produce Responsive Documents. The Motion to 

Compel has been referred to Magistrate Judge Lisette M. Reid.

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Esq. and Stephanie Vazquez, Esq. from the docket and cease delivery of notifications of electronic 

filings. It is further

ORDERED AND AJUDGED that the initial planning and scheduling hearing is RE-SET 

to Friday, November 13, 2020, at 10:30 a.m.

ORDERED AND ADJUDGED that Defendants/Counterclaimants’ remaining counsel 

SHALL respond to the Allen Dyer firm’s concerns as to the veracity of Docket Entries 46 and 47 

by October 15, 2020. 

DONE AND ORDERED in Chambers at Miami, Florida, this _9th__ day of October, 

2020.

____________________________________

URSULA UNGARO 

UNITED STATES DISTRICT JUDGE

Copies to: 

Counsel of Record via CM/ECF

Magistrate Judge Reid

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