Rigsby et al v. Intercare Specialty Risk Insurance Services, Inc. , et al.,
Filing
118
ORDER signed by District Judge Morrison C. England, Jr. on 7/2/18 granting 114 Motion to Withdraw as Attorney. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KAREN RIGSBY, Trustee of the
MARSH REVOCABLE TRUST OF
2003, and DONALD P STEINMEYER,
an individual,
Plaintiffs,
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No. 2:17-cv-01347-MCE-EFB
ORDER
v.
INTERCARE SPECIALTY RISK
INSURANCE SERVICES INC., a
California Corporation; ISR
HOLDINGS, INC., a California
Corporation; KEVIN HAMM, an
individual; and PATRIOT NATIONAL
INC., a Florida Corporation,
Defendants.
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Peter Dunn Lemmon of the law firm Lemmons-At-Law, P.C. (“Lemmons”),
attorney of record for Defendants and Counterclaimants ISR Holdings, Inc., and Phoenix
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Risk Management, Inc. (“Defendants”) moves to withdraw as said Defendants’ counsel
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of record in these proceedings. Defendants have filed no opposition to Lemmons’
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request, and attached to Lemmons’ Declaration is a Consent to Substitution of Attorney
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signed by Defendants’ President, Kevin Hamm, which consents to the withdrawal.
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Lemmons has nonetheless brought the instant motion because his withdrawal leaves
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Defendants in propria persona.
This motion is governed by the requirements of Local Rule 182(d), which provides
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that an attorney may not withdraw, leaving a client in propria persona, absent noticed
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motion and an affidavit from counsel showing the efforts made to provide notification of
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the attorney’s intent to withdraw.
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Because Lemmons’ request is both procedurally correct and unopposed,
Lemmons’ Motion to Withdraw (ECF No. 114) is GRANTED.1 Peter Dunn Lemmons of
the Law Firm Lemmons-At-Law, P.C. is consequently relieved as counsel of record for
Defendants and Counterclaimants ISR Holdings, Inc. and Phoenix Risk Management,
Inc. effective upon the filing of a proof of service of this signed Order on said
Defendants.
Defendants and Counterclaimants ISR Holdings, Inc. and Phoenix Risk
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Management, Inc are cautioned that as business entities they cannot make any further
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appearance in this matter without counsel appearing on their behalf.
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IT IS SO ORDERED.
Dated: July 2, 2018
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Because oral argument was not of material assistance, this Court ordered the matter submitted
on the briefs in accordance with Local Rule 230(g).
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