Contractor's Equipment Supply Co. v. Prizm Group and Construction, LLC et al

Filing 27

MEMORANDUM DECISION AND ORDER granting 20 Motion to Withdraw as Attorney. Attorney Soo Yong Kang terminated. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

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Contractor's Equipment Supply Co. v. Prizm Group and Construction, LLC et al Doc. 27 UNITED STATES DISTRICT COURT F O R THE DISTRICT OF IDAHO C O N T R A C T O R 'S EQUIPMENT S U P P L Y CO., an Idaho corporation d /b /a / CESCO, Plaintiff, v. P R IZ M GROUP & CONSTRUCTION, L L C , et al., Defendants. C a s e No. 1:10-CV-045-BLW M E M O R A N D U M DECISION AND ORDER T h e Court has before it a Motion to Withdraw as Counsel of Record for Prizm G ro u p & Construction, LLC and Anthony J. Maris. (Dkt. 20). Counsel for these d e f e n d a n ts requests to withdraw as counsel of record. Good cause appearing, the Court w ill grant the motion. N O W THEREFORE IT IS HEREBY ORDERED that pursuant to District of Idaho L o c a l Civil Rule 83.6, the Motion to Withdraw as Counsel (Dkt. 20) shall be, and the s a m e is hereby GRANTED, and counsel is permitted to withdraw according to the f o llo w in g terms: 1. W ith d ra w in g counsel shall continue to represent the defendants, pursuant to th e Court's Local Rule 83.6(c)(1) until proof of service of this Order on the defendants MEMORANDUM DECISION AND ORDER - 1 Dockets.Justia.com has been filed with the Court, or alternatively, until such time as the defendants notify the C o u rt in writing that it has received the Court's Order. The withdrawing attorney shall f o rth w ith and with due diligence serve all other parties and either personally serve copies o f the Order upon the defendants or mail the Order by first class mail, return receipt re q u e s te d . 2. T h e defendants shall have twenty-one (21) days from the filing of the proof o f service by the withdrawing attorney to file written notice with the Court stating how a n d by whom they will be represented. 3. U p o n filing of proof of service on the defendants, no further proceedings c a n be had in this action that will affect the defendants' rights for a period of twenty-one (2 1 ) days. If the defendants fail to appear in this action, through a newly appointed a tto rn e y within that twenty-one (21) day period, such failure shall be grounds for entry of d e f a u lt against the defendants without further notice. The Court notes that defendant A n th o n y J. Maris may appear pro se if he chooses, but the corporate defendants cannot a p p e a r without being represented by an attorney in accordance with Dist. Idaho Loc. Civ. R . 83.4(d). D A T E D : December 1, 2010 B. LYNN WINMILL C h ie f U.S. District Court Judge MEMORANDUM DECISION AND ORDER - 2

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