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

Filing 29

MEMORANDUM DECISION AND ORDER granting 4 Motion to Withdraw as Attorney. Attorney Howard R Foley terminated. Withdrawing counsel shall continue to represent the defendants until proof of service of this Order on the defendants has been filed with the Court. The defendants shall have 21 days from the filing of the proof of service by the withdrawing attorney to file written notice with the Court stating how and by whom they will be represented. 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)

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

Doc. 29

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 D e f e n d a n ts Bonar Development Group, Inc. and Riverview Park Subdivision Owner's A s so c ia tio n (Dkt. 4). Counsel for these defendants requests to withdraw as counsel of re c o rd . Good cause appearing, the Court will 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. 4) shall be, and the same is hereby GRANTED, and counsel is permitted to withdraw according to the following te rm s : 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. Because the defendants are not in d iv id u a ls , they may not appear without being represented by an attorney in accordance w ith Dist. Idaho Loc. Civ. R. 83.4(d).

D A T E D : December 6, 2010

B. LYNN WINMILL C h ie f U.S. District Court Judge

MEMORANDUM DECISION AND ORDER - 2