Nissan Motor Acceptance Corporation v. Prestige Imports of Thomasville Inc et al

Filing 53

ORDER granting 48 Motion to Withdraw as Attorney. Attorney Robert Charles Byerts and John Douglas Holt terminated; granting 50 Motion to Withdraw as Attorney. Attorney Robert Charles Byerts and John Douglas Holt terminated; granting 52 Amended Motion. Deadline for dispositive motions is 12/10/2012; response briefs due 12/28/2012; reply briefs due 1/14/2013. Ordered by Judge Hugh Lawson on 11/19/2012. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
NISSAN MOTOR ACCEPTANCE
CORPORATION,
Plaintiff,
v.

Civil Action No. 7:10-cv-129 (HL)

PRESTIGE IMPORTS OF THOMASVILLE,
INC., d/b/a Prestige Honda of
Thomasville; PRESTIGE MOTORCAR
GALLERY, INC., d/b/a Prestige Infiniti,
and MICHAEL CRAIG HORNSBY,
Defendants.
ORDER
Before the Court is defense counsel’s Motion for Leave to Withdraw (Doc.
48), Motion to Withdraw (Doc. 50) and Amended Motion to Withdraw (Doc. 52).
Also before the Court is Plaintiff Nissan Acceptance Corporation’s (“NMAC”)
status report and request for final judgment (Doc. 49). The Motions to Withdraw
and NMAC’s status report are addressed below.
In the pending Motions to Withdraw, defense counsel requests to withdraw
from the case based on irreconcilable differences with their client, including
payment and communication. In their Motions, defense counsel demonstrates
that they have complied with Local Rule 83.1.4 governing withdrawal and have
obtained written consent to withdraw from Defendant Michael Craig Hornsby.
The Court sees no reason to hold defense counsel in the case. Therefore, the

Motions to Withdraw are granted and Robert C. Byerts and John Douglas Holt
are removed as counsel. Defendants Michael Craig Hornsby, Prestige Imports of
Thomasville, Inc. (“Prestige Honda”), and Prestige Motorcar Gallery, Inc.
(“Prestige Infiniti”) shall continue pro se from this point forward.
The second issue to address in this case is the status report filed by
NMAC. (Doc. 49.) This status report was filed at the Court’s request after
Defendants Prestige Honda and Prestige Infiniti completed their bankruptcy
proceedings. The bankruptcy court approved the Plan Trustee’s motion for
approval of final disbursements on October 4, 2012, and both Prestige Honda
and Prestige Infiniti were ordered to pay $0 to NMAC. Based on the proceedings
in bankruptcy court, NMAC now requests entry of final judgment in its favor for a
set amount of damages that it claims was established during summary judgment
proceedings. In the alternative, NMAC requests entry of an order re-setting
dispositive motion deadlines on the issue of damages. The Court finds the
appropriate action is to re-set the deadlines for dispositive motions. The deadline
for dispositive motions addressing damages will be December 10, 2012.
Response briefs will be due December 28, 2012 and reply briefs will be due
January 14, 2013.
SO ORDERED, this 19th day of November, 2012.
s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
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