Brodnik v. Lanham et al, No. 1:2011cv00178 - Document 147 (S.D.W. Va. 2022)

Court Description: MEMORANDUM OPINION AND ORDER setting a hearing on 146 MOTION by Paul J. Harris to Withdraw as Counsel for 12/5/2022 at 2:30 PM in Bluefield before Senior Judge David A. Faber; and continuing the deadline for the parties to file an amended report of Rule 26(f) meeting and Scheduling Order Worksheet until further Order of the Court. Signed by Senior Judge David A. Faber on 11/7/2022. (cc: counsel of record) (mk)

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Brodnik v. Lanham et al Doc. 147 Case 1:11-cv-00178 Document 147 Filed 11/07/22 Page 1 of 2 PageID #: 993 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD RANDY MICHAEL BRODNIK, D.O., Plaintiff, v. Civil Action No. 1:11-00178 ROBERT LANHAM, et al., Defendants. MEMORANDUM OPINION AND ORDER Pending before the court is the motion of counsel for plaintiff, Paul J. Harris, to withdraw as counsel in this matter. See ECF No. 146. In support of his motion to withdraw, Mr. Harris states that plaintiff “has expressed written dissatisfaction with Harris’ representation” and “has retained other counsel[.]” Id. However, as of this date, no other attorney has filed a Notice of Appearance on behalf of plaintiff in this action. Local Rule of Civil Procedure 83.4 which governs the withdrawal and/or termination of representation provides as follows: An attorney may withdraw from a case in which he or she has appeared only as follows: (a) By Notice of Withdrawal. A party’s attorney may withdraw from a case by filing and serving a notice of withdrawal, effective upon filing, if: (1) multiple attorneys have appeared on behalf of the party; and (2) at least one of those attorneys will still be the party’s counsel of record after the attorney seeking to withdraw does so. Dockets.Justia.com Case 1:11-cv-00178 Document 147 Filed 11/07/22 Page 2 of 2 PageID #: 994 (b) (c) By Notice of Withdrawal and Substitution. A party’s attorney may withdraw from a case by filing and serving a notice of withdrawal and substitution, effective upon filing, if the notice includes: (1) the withdrawal and substitution will not delay the trial or other progress of the case; and (2) the notice is filed and served at least 90 days before trial. By Motion. An attorney who seeks to withdraw other than under LR 83.4(a) or (b) must move to withdraw and must show good cause. The attorney must notify his or her client of the motion. The motion, standing alone, does not satisfy the court that good cause exists to allow Mr. Harris to withdraw as counsel. Therefore, the court sets a hearing on the motion for December 5, 2022, at 2:30 p.m., in Bluefield. copy of this Order to plaintiff. Mr. Harris should provide a In the event that Mr. Brodnik’s new counsel files a notice of appearance prior to the December 5 hearing, the court will consider whether LR 83.4(b) allows for Mr. Harris’ withdrawal. The deadline for the parties to file an amended report of Rule 26(f) meeting and Scheduling Order Worksheet is CONTINUED until further Order of the court. The Clerk is directed to send a copy of this Order to counsel of record. IT IS SO ORDERED this 7th day of November, 2022. ENTER: David A. Faber Senior United States District Judge 2

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