Honeywell International Incorporated v. Western Support Group Incorporated et al

Filing 77

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)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Honeywell International, Inc., 10 Plaintiff, 11 No. CV 12-00645-PHX-JAT ORDER v. 12 13 Western Support Group; Douglas C. Harmon; and Cynthia A. Harmon, 14 Defendants. 15 16 IT IS ORDERED granting in part and denying in part defense counsel’s Motion 17 to Withdraw as Counsel and to Vacate June 26, 2013 Hearing (Doc. 73) without 18 prejudice as follows: 19 20 IT IS ORDERED that the discovery dispute hearing currently set for June 26, 2013 at 1:30 p.m. is vacated. 21 IT IS FURTHER ORDERED that Defense Counsel’s Motion to Withdraw is 22 denied without prejudice. Defense counsel’s motion is not in compliance with LRCiv 23 83.3(b)(2). 24 withdraw does not state that his “client has been notified in writing of the status of the 25 case including the dates and times of any court hearings or trial settings, pending 26 compliance with any existing court orders and the possibility of sanctions.” LRCiv 27 83.3(b)(2) (emphasis added). Rather, defense counsel’s declaration states that his “clients 28 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 1 Procedure 83.3(b)(2).” (Doc. 73-1 (emphasis added)). Defense counsel does not state 2 when his clients “will be” notified. As counsel has not yet informed his clients in writing 3 of his decision to withdraw and the status of the case, counsel is not in compliance with 4 LRCiv 83.3(b)(2). Accordingly, the Motion to Withdraw is denied without prejudice. 5 If defense counsel still seeks to withdraw, such motion to withdraw shall be filed 6 within 3 days of the date of this Order. Further, if such motion to withdraw is made 7 pursuant to LRCiv 83.3(b)(2), the declaration in support of such motion shall state the 8 date Defendants were served with notice pursuant to LRCiv 83.3(b)(2) and how such 9 service was accomplished. 10 11 12 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. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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