Patel et al v. Trivedi et al
ORDER granting 56 MOTION TO RELIEVE COUNSEL filed by Jaswanti Patel, Natverlal Patel. See Order for specifics. Signed by Honorable P. K. Holmes, III on January 10, 2014. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
NATVERLAL PATEL and JASWANTI PATEL
Case No. 4:10-CV-04195
NEW YORK LIFE INSURANCE COMPANY
Now before the Court is the motion (Doc. 56) by attorney Robert S. Tschiemer to withdraw
as counsel of record for Plaintiffs Natverlal and Jaswanti Patel. The Court, being well and
sufficiently advised, finds that the motion should be GRANTED, and Robert S. Tscheimer is
withdrawn as counsel for the Patels.
Plaintiffs are hereby ORDERED to have another attorney enter an appearance on their behalf
or, in the alternative, to advise the Court that they wish to represent themselves in this matter by
proceeding without counsel, pro se. Such appearance must be entered or notification received on or
before February 10, 2014. Plaintiffs are advised that their failure to comply with this order
may result in the dismissal of their action for failure to obey a Court order and for failure to
prosecute. If Plaintiffs file with the clerk of court a request for an extension of this deadline before
February 10, 2014, the Court may extend the deadline if the Court finds that there is a good reason
to do so.
Mr. Tscheimer is directed to provide Plaintiffs with a copy of this order and to file an
affidavit averring service or other proof of compliance with this order on the record.
The deadlines set forth in the initial scheduling order are stayed. An amended initial
scheduling order will be entered upon Plaintiffs’ compliance with this order.
As a final administrative matter, the Court directs the Clerk of Court to terminate Vikram
Trivedi as a defendant in this action, as the Eighth Circuit affirmed the Court’s dismissal of all
claims against Mr. Trivedi. The only claim that remains for consideration on remand from the
Eighth Circuit is a breach of contract claim against New York Life Insurance Company.
IT IS SO ORDERED this 10th day of January, 2014.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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