Pioneer Centres Holding Company Employee Stock Ownership Plan and Trust, The v. Alerus Financial, N.A. et al

Filing 84

ORDER re: 82 Substitution of Counsel. Attorney James M. Miletich enters for Richard Eason. Darrell Waas and Patricia Campbell must comply with the requirements of D.C.COLORLCivR 83.3D before being allowing to withdraw. by Magistrate Judge Boyd N. Boland on 4/8/13. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 12-cv-02547-MSK-BNB
THE PIONEER CENTRES HOLDING COMPANY EMPLOYEE STOCK OWNERSHIP
PLAN AND TRUST, AND ITS TRUSTEES, MATTHEW BREWER, ROBERT JENSEN AND
SUSAN DUKES,
Plaintiff,
v.
ALERUS FINANCIAL, NA, and
BERENBAUM WEINSHIENK, PC
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
Darrell Waas and Patricia Campbell of Waas Campbell Rivera Johnson & Velasquez
LLP (“Waas Campbell”) represent Richard Eason, Matthew Brewer, Robert Jensen, and Susan
Dukes. Wass Campbell, but not the individual lawyers of that firm, attempts to withdraw as
counsel for Richard Eason and the James Miletich of the law firm of McConnell Fleischner
Houghtaling, LLC, seeks to enter his appearance on behalf of Mr. Eason by means of a
Substitution of Counsel [Doc. # 82, filed 4/8/2013].
The local rules of practice of this court, D.C.COLO.LCivR, do not recognize
substitutions of counsel. To the contrary, D.C.COLO.LCivR 83.3D governs the withdrawal of
appearance and requires in relevant part:
An attorney who has appeared in a case may seek to withdraw on
motion showing good cause. Withdrawal shall be effective only
on court order entered after service of the notice of withdrawal on
all counsel of record and on the withdrawing attorney’s client. A
motion to withdraw must state the reasons for withdrawal unless

the statement would violate the rules of professional conduct.
I will construe the Substitution of Counsel as the entry of appearance of Mr. Miletich on
behalf of Mr. Eason. See D.C.COLO.LCivR 11.1 (requiring that “[a]n appearance by or on
behalf of a party shall be made in open court or in a pleading, motion, entry of appearance, or
other paper personally signed by the individual making the appearance”). Before they will be
allowed to withdraw from their representation of Mr. Eason, however, Darrell Waas and Patricia
Campbell must comply with the requirements of D.C.COLO.LCivR 83.3D.
SO ORDERED.
Dated April 8, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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