Martinez et al v. Nash Finch Company

Filing 86

ORDER re: 82 MOTION to Withdraw as Attorney and 76 MOTION to Withdraw as Attorney. On or before 11/26/2012, Attorney Kroeger shall file a Motion to Join in the pending Motions [#76, #82] or file a Status Report indicating that he will continue to represent the 21 Plaintiffs at issue in these Motions. By Magistrate Judge Kristen L. Mix on 11/19/2012. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02092-MSK-KLM
MARGARET MARTINEZ, et al.,
Plaintiffs,
v.
NASH FINCH COMPANY, d/b/a Avanza Supermarket,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiffs’ Motion to Withdraw as Counsel of
Record for Plaintiff Maria Lariaz [Docket No. 76; Filed October 25, 2012]; on Plaintiffs’
Motion to Withdraw as Counsel [Docket No. 82; Filed November 7, 2012]; and on the
Entry of Appearance [Docket No. 85; Filed November 12, 2012], filed by Attorney W.
Richard Kroeger (“Kroeger”). The Motions seek withdrawal of representation from 21
Plaintiffs in this matter based, in short, on failure to communicate with counsel and/or
failure to provide signed responses to written discovery. The Motions seek withdrawal by
Attorney J. Kyle Bachus (“Bachus”), Attorney James Olson (“Olson”), and Attorney Colleen
Calandra, all of the law firm of Bachus & Schanker, L.L.C. Prior to resolution of the
Motions, Attorney Kroeger, also of Bachus & Schanker, entered his appearance “on behalf
of all Plaintiffs currently represented by the same.” [#85].
First, the Court notes that Attorney Olson does not appear on the docket as counsel
of record for any Plaintiff in this matter. Second, if the Court were to grant the Motions,
Attorney Kroeger would remain as counsel of record for the 21 Plaintiffs from which the
attorneys of Bachus & Schanker are attempting to withdraw. Third, there is a pending Rule
37 Motion for Sanctions [#58], which involves the non-responsiveness of some of the
Plaintiffs in this matter and Plaintiffs’ counsel’s continued representation of them.
Accordingly, to clarify the current status of this matter,
IT IS HEREBY ORDERED that, on or before November 26, 2012, Attorney
Kroeger shall file a Motion to Join in the pending Motions [#76, #82] or file a Status Report
indicating that he will continue to represent the 21 Plaintiffs at issue in these Motions [#76,
#82].
Dated: November 19, 2012
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