Floyd v. U.S. Food Service, Inc.
ORDER denying 11 Motion to Compel Production of Documents, and granting 13 Motion by attorneys, Derick A. J. Allison and James Troy Gaston to withdrawn as counsel for Plaintiff. The Clerk of Court is directed to remove his/her name from the list of attorneys who receive Notices of Electronic Filing in this case, and attorneys J. Allison and James Troy Gaston are terminated. Plaintiff is directed to respond to the court by 4/17/12 of the employment of new counsel, and new counsel shall enter an appearance as attorney of record. Failure to comply with this Court's order may result in a dismissal of this action. Signed by Honorable P. K. Holmes, III on March 15, 2012. (sh)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
Case No. 2:11-CV-02134
U.S. FOOD SERVICE, INC.
Currently before the Court are Defendant U.S. Food Service, Inc.’s Motion to Compel
Production of Documents (Doc. 11) and supporting documents (Doc. 12), and Motion to Withdraw
by Troy Gaston and Derick Allison as attorneys of record for Plaintiff Gary Floyd (Doc. 13). The
Motion to Compel Production of Documents was filed on March 3, 2012, and four days later, the
Motion to Withdraw was filed by Plaintiff’s attorneys. The Court will take up both motions since
they are filed close in time.
The Motion to Withdraw states the Plaintiff’s attorneys have an employment agreement with
the Plaintiff, and the agreement allows the attorneys to withdraw under certain circumstances.
Without stating the reasons for withdrawal, the attorneys state that those circumstances are present
in the case and the attorneys seek to withdraw as attorneys of record for the Plaintiff. The Court
GRANTS the Motion to Withdraw, and orders that the attorneys provide a copy of this order to the
Plaintiff. The Plaintiff is directed to notify the Court by APRIL 17, 2012 of the employment of new
counsel, and new counsel shall enter an appearance as attorney of record. Failure to comply with
the Court’s order may result in a dismissal of this action.
Also before the Court is the Defendant’s Motion to Compel Production of Documents. Since
the Court has granted the Motion to Withdraw and has ordered the Plaintiff to notify the Court of
the employment of new counsel, the Defendant’s Motion to Compel Production of Documents is
DENIED, although Defendant may refile the motion if Plaintiff, after employment of new counsel,
does not comply with the rules of discovery.
IT IS SO ORDERED this 15th day of March 2012.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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