Schroeder Publishing Co., Inc. v. Great Northern Insurance Company et al, No. 5:2020cv00108 - Document 24 (W.D. Ky. 2021)
Court Description: OPINION AND ORDER Signed by Magistrate Judge Lanny King on 9/1/2021 denying 23 Motion to Withdraw as Attorney. cc: Counsel (JM)
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Schroeder Publishing Co., Inc. v. Great Northern Insurance Company et al Case 5:20-cv-00108-BJB-LLK Document 24 Filed 09/02/21 Page 1 of 2 PageID #: 656 Doc. 24 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY PADUCAH DIVISION CASE NO. 5:20-CV-00108-BJB-LLK SCHROEDER PUBLISHING CO., INC. PLAINTIFF v. GREAT NORHTERN INSURANCE COMPANY DEFENDANT OPINION AND ORDER This matter is before the Court on the motion of the Plaintiff’s attorney’s motion to withdraw as counsel. [DN 23]. For the reasons discussed below, the Motion is DENIED. Local Rule 83.6 provides three circumstances where an attorney may withdraw outside of the 21-day window of trial. These are: (a) The attorney files a motion, his or her client consents in writing, and another attorney enters his or her appearance; or (b) The attorney files a motion, certifies the motion was served on the client, makes a showing of good cause, and the Court consents to the withdrawal on whatever terms the Court chooses to impose. (c) In cases where an attorney seeks to be substituted for another as attorney of record, and both attorneys are within the same partnership or other legal professional association, a notice of substitution must be filed by the withdrawing attorney and the substitute attorney with an affirmative representation stating that the substitution is made with the client's consent; the notice may, but need not be, signed by the client. Here, where Mark Bryant, Ronald Parry, Teris Swanson will remain as counsel to Schroeder Publishing Co. and the attorney filed their motion to withdraw, the attorney has attempted compliance with LR 83.6(a). However, Local Rule 83.6(a) requires that “his or her client consents in writing.” This has not been provided. Therefore, the Plaintiff has failed to meet the consent requirement of LR 83.6(a) 1 Dockets.Justia.com Case 5:20-cv-00108-BJB-LLK Document 24 Filed 09/02/21 Page 2 of 2 PageID #: 657 IT IS THEREFORE ORDERED that the Plaintiff’s Motion to Withdraw as Counsel is DENIED without prejudice. IT IS SO ORDERED. September 1, 2021 C: Counsel 2
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