Steel Erectors, Inc. v. AIM Steel International, Inc.

Filing 37

ORDER for Plaintiff's counsel to file a renewed motion to withdraw and statement indicating whether his client wishes to prosecute this case within 21 days of service of this Order. The Clerk is DIRECTED to serve this Order on both corporations registered agents to apprise both that they are expected to retain counsel and add them as their attorneys of record. Signed by Magistrate Judge Christopher L. Ray on 04/08/2019. (evk)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
STEEL ERECTORS, INC.,
Plaintiffs,
v.
AIM STEEL INT’L, INC.,
Defendant.

)
)
)
)
)

CV415-208

)
)
)
)

ORDER
Given that this case has languished for more than two years after
defendant filed a “suggestion of bankruptcy” (doc. 33) and the Court
stayed the case pending resolution of defendant’s voluntary bankruptcy
(doc. 34; see also In re AIM Steel International, Inc., No. 16-67661 (N.D.
Ga.)), the Court ordered the parties to file a brief joint status report.
Plaintiff’s counsel, who remains lead attorney and attorney to be noticed
on the docket, filed a unilateral status report informing the Court that
he retired from the practice of law over a year ago. Doc. 36. Despite this,
he further represented to the Court that “there are no remaining issues
for adjudication, given the insolvency of the Defendant,” to the best of his
knowledge. Id.
Even liberally construed as, perhaps, a motion to withdraw as

plaintiff’s counsel this single paragraph notice is woefully deficient. As
far as the Court (and perhaps the parties) can tell, plaintiff remains
represented. See S.D. Ga. L. R. 83.7 (attorneys desiring to withdraw
“shall disclose that such attorney has given due notice to his client of his
intention to withdraw from the case, and shall specify the manner of such
notice to the client, attaching copy of the notice.”). The reconstrued
motion thus must be DENIED without prejudice.

The Court, of

course, will consider a renewed motion for plaintiff’s counsel to withdraw
if it is in compliance with S.D. Ga. L. R. 83.7.
That being said, that leaves plaintiff (potentially) pro se. Defendant
is already listed as pro se on the docket. See docs. 30 & 31 (granting
defense counsel’s motion to withdraw shortly before the case was stayed).
Corporations, of course, cannot appear pro se in federal courts. Rowland
v. California Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194,
201-02 (1993); Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir.
1985). Though plaintiff may indeed intend to dismiss the case, given
defendant’s apparent insolvency, the Court will not foreclose the
possibility that it may yet want a judgment. Meaning, if plaintiff intends
to keep the case alive it needs to locate counsel and have that counsel file
2

a notice of appearance. If defendant intends to defend this case, it too
will need counsel to appear — even if the matter remains stayed.
Plaintiff’s counsel is therefore ORDERED to file with the Court
within 21 days of service of this Order both a renewed motion to
withdraw (in compliance with the Local Rules) and a statement
indicating whether his client wishes to prosecute this case. If plaintiff
intends to keep this case alive, both parties will need to locate counsel.
If plaintiff wishes to dismiss this case, plaintiff’s counsel should so inform
the Court as well. The Clerk is therefore DIRECTED to serve this Order
on both corporations’ registered agents 1 to apprise both that they are
expected to retain counsel and add them as their attorneys of record.
SO ORDERED, this

8th

day of April, 2019.

______________________________
________________________
_
_
CHRISTOPHER L. RAY
HRISTO HER
TOPH R
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

1

According to the Georgia Secretary of State Corporations Division registry, see
https://ecorp.sos.ga.gov/BusinessSearch, Steel Erector’s registered agent for service
can be reached as follows: Leslie Clifton Shinn, 1767 Old Dean Forest Road, Pooler,
GA 31322. AIM Steel International, Inc.’s business license has been revoked according
to the Georgia Secretary of State. Its registered agent can be located as follows: David
Brown, General Manager AIM Steel Int’l, Inc., 2366 Sylvan Road, Atlanta, GA 30344.
3