RQ SQUARED, LLC v. USA

Filing 24

ORDER granting 23 Motion to Withdraw as Attorney. Attorney Brian Cantwell Duffy terminated. The Clerk's Office is directed to SUSPEND all proceedings in this matter until further order of the court; and the Clerk's Office is directed t o SERVE a copy of this order, via Federal Express (two-day delivery) to plaintiff at the following address: RQ Squared LLC, 620 Francis Street, Suite 220, St. Joseph, MO 64501. Plaintiff shall FILE a Motion to Substitute Counsel, pursuant to RCFC 83.1(c)(4), on or before August 15, 2013. Signed by Judge Lynn J. Bush. (TQ) Copy to parties.

In the United States Court of Federal Claims
No. 12-527 C
(Filed July 10, 2013)
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RQ SQUARED, LLC,
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Plaintiff,
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v.
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THE UNITED STATES,
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Defendant.
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ORDER
On June 26, 2013, pursuant to Rule 83(c)(6) of the Rules of the Court of
Federal Claims (RCFC), plaintiff’s counsel filed a Motion for Leave to Withdraw
as Counsel For Plaintiff in this matter. Plaintiff’s counsel, Brian C. Duffy, Esq., of
Duffy & Young, LLC, states in his motion that plaintiff has refused to honor the
terms of its fee agreement with the attorney of record and that “Counsel has
communicated with RQ Squared regarding both its unpaid balance and Counsel’s
intent to withdraw absent payment via e-mail and certified U.S. Mail. Redacted
copies of said communications are attached as Exhibit A.” Mot. at 1. Although,
the motion to withdraw did not contain the referenced exhibit, the motion does
further state that a copy of the subject motion was served on RQ Square at their last
known address, on June 26, 2013. Additionally, plaintiff’s counsel requests that
the court allow RQ Squared thirty days from entry of the order of withdrawal
within which to engage replacement counsel; and extend all deadlines until fortyfive days following the appearance of replacement counsel. Although, defendant’s
response to plaintiff’s motion is due to be filed on or before July 15, 2013, the
court does not require any response from the government on this matter.
The court finds that plaintiff’s counsel has satisfied the requirements set
forth in RCFC 83(c)(6) and shall grant plaintiff’s motion for leave to withdraw as
counsel. The court shall stay all proceedings in this matter and RQ Square shall

move expeditiously to secure new counsel. RQ Square cannot appear in this court
unless it is represented by counsel. See RCFC 83.1(c)(1); Talasila, Inc. v. United
States, 240 F.3d 1064, 1066 (Fed. Cir. 2001) (holding that a corporation “must be
represented by counsel in order to pursue its claim against the United States in the
Court of Federal Claims”).
Accordingly, it is hereby ORDERED that
(1)

Plaintiff’s Counsel, Brian C. Duffy, Esq., Motion for Leave to
Withdraw as Counsel is GRANTED;

(2)

The Clerk’s Office is directed to SUSPEND all proceedings in
this matter until further order of the court; and

(3)

The Clerk’s Office is directed to SERVE a copy of this order,
via Federal Express (two-day delivery) to plaintiff at the
following address:
RQ Squared LLC
620 Francis Street, Suite 220
St. Joseph, MO 64501

(4)

Plaintiff shall FILE a Motion to Substitute Counsel, pursuant
to RCFC 83.1(c)(4), on or before August 15, 2013.

s/Lynn J. Bush
LYNN J. BUSH
Judge

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