United States of America v. Allied Physicians Incorporated Sleep Centers of Fort Wayne LLC, No. 1:2011cv00035 - Document 41 (N.D. Ind. 2012)
Court Description: OPINION AND ORDER GRANTING 32 MOTION to Withdraw as Attorney by Plaintiff York Howze. Attorney Loren K Allison is WITHDRAWN as counsel for Plaintiff. Clerk DIRECTED to FILE the Letter presented by Plaintiff at the hearing and FILE UNDER SEAL the do cuments attached thereto (Exhibits A through H). Status/Scheduling Conference set for 10/2/2012 at 11:00 AM in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey. Plaintiff (with or without counsel) and Defendants' counsel are DIRECTED to appear IN PERSON at the Conference. The case is STAYED until the Conference except that Defendants are GRANTED LEAVE to amend their pending 29 Motion to Dismiss or Enforce Settlement Agreement by 8/21/2012. No Response shall be due fro m Plaintiff until the Court so directs. Clerk DIRECTED to forward a copy of this Order to Plaintiff and to AUSA Joseph Reid. Signed by Magistrate Judge Roger B Cosbey on 7/31/12. (cc: York Howze, 2509 Webster Street, Fort Wayne, IN 46807; Joseph Reid, AUSA, Hammond, IN). (cer). Modified on 7/31/2012. (cer)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION YORK HOWZE, Plaintiff, v. ALLIED PHYSICIANS INCORPORATED, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 1:11-cv-35 OPINION AND ORDER A hearing was held and concluded today on the motion to withdraw filed by Attorney Loren Allison, counsel to Plaintiff York Howze. (Docket # 32.) Attorney Allison, Howze, and Defendants counsel were present in person, and oral argument was heard and concluded; Howze opposes the motion to withdraw and at the hearing submitted documents in support of his position. At the close of the hearing, the Court took the motion to withdraw under advisement. It is well settled that the discretion to grant or deny an attorney s motion to withdraw in a case such as this lies with the district court. Barbee v. L. Fish Furniture Co., No. 1:05-cv00550, 2006 WL 3201938, at *1 (S.D. Ind. May 4, 2006) (citing Washington v. Sherwin Real Estate, Inc., 694 F.2d 1081, 1087 (7th Cir. 1982)). Indiana Rules of Professional Conduct govern the conduct of lawyers in this Court. N.D. Ind. L.R. 83-5(e). Indiana Rule of Professional Conduct 1.16 sets forth various bases upon which an attorney of record may withdraw his or her representation of a party, including simply that good cause for withdrawal exists. After oral argument and a review of Howze s supporting documents, it is readily apparent that good cause for withdrawal exists in that an irretrievable breakdown has occurred in the relationship between Attorney Allison and Howze. See Barbee, 2006 WL 3201938, at *2 (describing good cause for an attorney s withdrawal as an irreconcilable breakdown in the attorney-client relationship or that continued representation will run afoul of his ethical obligations as an attorney ). Therefore, the Court GRANTS the motion to withdraw (Docket # 32), and Attorney Allison is WITHDRAWN as Howze s counsel. The Clerk is directed to FILE the letter presented by Howze at the hearing, and FILE UNDER SEAL the documents attached thereto (Exhibits A through H). In order to afford Howze ample time to secure successor counsel, the Court sets this matter for a further status and scheduling conference on October 2, 2012, at 11:00 a.m., and STAYS the case until that conference, except that Defendants are GRANTED LEAVE to amend their pending Motion to Dismiss or to Enforce Settlement Agreement (Docket # 29) on or before August 21, 2012. No response shall be due from Howze to Defendants amended Motion to Dismiss until the Court so directs. Howze, either with or without counsel, and Defendants counsel are DIRECTED to be present in person at the October 2, 2012, status and scheduling conference. In the event Howze fails to secure successor counsel by October 2, 2012, the Court will deem that he is proceeding pro se. The Clerk is DIRECTED to send a copy of this Order to York Howze at 2509 Webster Street, Fort Wayne, IN 46807, and to AUSA Joseph Reid. SO ORDERED. Entered this 31st day of July, 2012. /S/ Roger B. Cosbey Roger B. Cosbey, United States Magistrate Judge 2
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