United States of America v. Real Property, including all improvements thereon and appurtenances thereto, located at 15145 SW 16th Avenue, Ocala, Marion County, Florida 34473 et al

Filing 23

ORDER. Defendants' Joint Stipulation (Doc. 21), which shall be construed as a motion, is DENIED. See Order for details. Signed by Magistrate Judge Philip R. Lammens on 10/17/2016. (JWM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No: 5:16-cv-444-Oc-CEMPRL

REAL PROPERTY, INCLUDING ALL
IMPROVEMENTS THEREON AND
APPURTENANCES THERETO,
LOCATED AT 15145 SW 16TH
AVENUE, OCALA, MARION COUNTY,
FLORIDA 34473, REAL PROPERTY,
INCLUDING ALL IMPROVEMENTS
THEREON AND APPURTENANCES
THERETO, LOCATED AT 15175 SW
16TH AVENUE, OCALA, MARION
COUNTY, FLORIDA 34473, REAL
PROPERTY, INCLUDING ALL
IMPROVEMENTS THEREON AND
APPURTENANCES THERETO,
LOCATED AT 36 NASHUA WAY,
OCALA, MARION COUNTY,
FLORIDA 34482, PHOENIX CAPITAL
FUNDING, INC. and PHOENIX
LANDING RANCH
Defendants.

ORDER
This case is before the Court for consideration of Defendants’ Joint Stipulation for
Substitution of Counsel, requesting that Amber Hill, Esq be substituted for Joshua Cossey, Esq.,
as counsel for Defendants. (Doc. 21). Unfortunately, however, Defendants’ Stipulation, which
shall be construed as a motion, is due to be denied as procedurally deficient, as it fails to comply
with Local Rules 2.03(b) and 3.01(g). Local Rule 2.03(b), provides “[n]o attorney, having made

a general appearance under subsection (a) of this rule, 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.” Having previously made a general appearance on behalf of
Defendants, Joshua Cossey, Esq., may not withdraw as counsel without obtaining leave of Court
and complying with Local Rule 2.03(b). The Court further observes that Defendants’ motion fails
to contain a certification that moving counsel has conferred with opposing counsel as required by
Local Rule 3.01(g).
Accordingly, Defendants’ Joint Stipulation (Doc. 21), which shall be construed as a
motion, is DENIED.
DONE and ORDERED in Ocala, Florida on October 17, 2016.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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