Honeywell International Incorporated v. Western Support Group Incorporated et al
ORDER denying 73 Motion to Withdraw as Attorney without prejudice. The motion is not in compliance with LRCiv 83.3(b)(2). ORDERED granting 73 Motion to Vacate June 26, 2013 Hearing. The Hearing re: discovery dispute set for 6/26/2013 at 1:3 0 P.M. is hereby vacated. If no motion to withdraw is filed within 3 days of this Order, Plaintiff may seek to reset a discovery dispute as set forth in the Court's Rule 16 Scheduling Order. (see attached Order for details). Signed by Senior Judge James A Teilborg on 6/26/2013.(TLB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Honeywell International, Inc.,
No. CV 12-00645-PHX-JAT
Western Support Group; Douglas C.
Harmon; and Cynthia A. Harmon,
IT IS ORDERED granting in part and denying in part defense counsel’s Motion
to Withdraw as Counsel and to Vacate June 26, 2013 Hearing (Doc. 73) without
prejudice as follows:
IT IS ORDERED that the discovery dispute hearing currently set for June 26,
2013 at 1:30 p.m. is vacated.
IT IS FURTHER ORDERED that Defense Counsel’s Motion to Withdraw is
denied without prejudice. Defense counsel’s motion is not in compliance with LRCiv
withdraw does not state that his “client has been notified in writing of the status of the
case including the dates and times of any court hearings or trial settings, pending
compliance with any existing court orders and the possibility of sanctions.” LRCiv
83.3(b)(2) (emphasis added). Rather, defense counsel’s declaration states that his “clients
will be notified in writing of the status of this case in compliance with Local Rule of Civil
Specifically, defense counsel’s declaration in support of his motion to
Procedure 83.3(b)(2).” (Doc. 73-1 (emphasis added)). Defense counsel does not state
when his clients “will be” notified. As counsel has not yet informed his clients in writing
of his decision to withdraw and the status of the case, counsel is not in compliance with
LRCiv 83.3(b)(2). Accordingly, the Motion to Withdraw is denied without prejudice.
If defense counsel still seeks to withdraw, such motion to withdraw shall be filed
within 3 days of the date of this Order. Further, if such motion to withdraw is made
pursuant to LRCiv 83.3(b)(2), the declaration in support of such motion shall state the
date Defendants were served with notice pursuant to LRCiv 83.3(b)(2) and how such
service was accomplished.
If no Motion to Withdraw is filed within 3 days of this Order, Plaintiff may seek to
reset a discovery dispute hearing as set forth in this Court’s Rule 16 Scheduling Order.
Dated this 26th day of June, 2013.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?