Losacano v. Anthony 57, Inc. et al

Filing 59

ORDER granting 58 Defendant's Motion to Remove Counsel from Service List, and Stipulation for Substitution of Counsel (Doc. 37 ), construed as a Motion to Withdraw as Counsel. The Clerk is directed to terminate Chene M. Thompson as counsel of record and from receiving future notices of electronic filing for Defendant Sabal Springs Homeowners' Association, Incorporated. Signed by Magistrate Judge Carol Mirando on 10/30/2017. (KBR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LAURA LOSACANO, DANETTE
BEDERKA, LEIGH KUNDRICK,
COLLEEN SANCHEZ, VICTORIA
DULL, SUSAN JULIAN and
WYNONA PARR, on behalf of herself
and other employees similarly
situated
Plaintiffs,
v.

Case No: 2:17-cv-84-FtM-38CM

ANTHONY 57, INC., ANTHONY
SERRAGO and SABAL SPRINGS
HOMEOWNERS ASSOCIATION,
INC.,
Defendants.
ORDER
This matter comes before the Court upon review of Defendant’s Motion to
Remove Counsel from Service List (Doc. 58) and Stipulation for Substitution of
Counsel (Doc. 37) filed on October 27, 2017 and July 18, 2017, respectively. Counsel
Chenè M. Thompson of the Pavese Law Firm seeks to withdraw as counsel of record
for Sabal Springs Homeowners’ Association, Incorporated. Doc. 37 at 1. Counsel
states that Robert B. Burandt of Burandt, Adamski & Feichthaler P.L. will be
representing this Defendant. Id.
Pursuant to the Local Rules of this Court, “no attorney, having made a general
appearance under subsection (a) of [Local Rule 2.03] shall thereafter abandon the
case or proceeding in which the appearance was made, or withdraw as counsel for

any party therein, except by written leave of Court obtained after giving ten (10) days’
notice to the party or client affected thereby, and to opposing counsel.” M.D. Fla.
Rule 2.03(b). Although counsel’s initial Stipulation for Substitution of Counsel (Doc.
37) did not specify that counsel had provided the required notice, because the
stipulation was filed well in excess of ten days ago, the Court will consider counsel’s
obligation under Local Rule 2.03 to be fulfilled.

See M.D. Fla. Rule 2.03(b).

Accordingly, the Court will allow this Defendant’s counsel to withdraw.
ACCORDINGLY, it is hereby
ORDERED:
Defendant’s Motion to Remove Counsel from Service List (Doc. 58) and
Stipulation for Substitution of Counsel (Doc. 37), construed as a Motion to Withdraw
as Counsel, is GRANTED. The Clerk is directed to terminate Chenè M. Thompson
as counsel of record and from receiving future notices of electronic filing for Defendant
Sabal Springs Homeowners’ Association, Incorporated.
DONE and ORDERED in Fort Myers, Florida on this 30th day of October,
2017.

Copies:
Counsel of record

-2-