United States of America v. Dillon et al

Filing 116

MEMORANDUM DECISION & ORDER REGARDING DEFENSE COUNSEL - IT IS ORDERED THAT: Attorney George Breitsameter is directed to either file a status report with the Court, regarding the status of his representation of the defendants in this matter. Alternati vely, if he wishes to file a formal motion to withdraw as counsel, he shall do so within 14 days of this Order. Any such motion shall comply with Local Rule 83.6. The Clerk is directed to resume notifying Mr. Breitsameter of court filings in this mat ter and to continue doing so so long as Mr. Breitsameter remains counsel of record in this matter. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (hs)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
UNITED STATES OF AMERICA,
Plaintiff,
v.
CHERIE R. DILLON and DENTAL
HEALTHCARE WITH HEART, P.C.,
(successor in interest to DENTAL
HEALTHCARE WITH HEART,
PLLC),

Case No. 1:17-cv-00498-BLW
MEMORANDUM DECISION &
ORDER REGARDING DEFENSE
COUNSEL

Defendants.

INTRODUCTION
The Court began conducting a show-cause hearing in this matter on March
25, 2024. See Mar. 25, 2024 Minute Entry, Dkt. 115. Defendant Cherie Dillon and
her husband, third party Kenneth Dillon, appeared for the hearing without counsel.
The Court advised the Dillons that they had the right to be represented by counsel
in the contempt hearings if they could not afford to pay for counsel. At the
conclusion of the hearing, the Court provisionally appointed counsel for Ms. Dillon
and Mr. Dillon. Appointed counsel will work with their respective clients in filling
out the necessary affidavits, to determine if they qualify for counsel. The showcause hearing was continued to May 15, 2024.

ORDER - 1

DISCUSSION
Upon review of the docket, the Court observed that attorney George
Breitsameter, who represented Ms. Dillon in this matter, is no longer participating
in the case. Rather, in March 2022, he simply filed a notice that he no longer
wished to receive notifications in the case. See March 24, 2022 Notice. Since that
time, Cherie Dillon has been representing herself, including filing numerous pro se
pleadings. Given this state of affairs, the Court assumes Mr. Breitsameter wishes to
withdraw as counsel and that Ms. Dillon wishes to represent herself in these
proceedings. To formalize this, however, Mr. Breitsameter needs to file a motion
to withdraw, in accordance with District of Idaho Local Rule 83.6.
The Court will clarify that while it has provisionally appointed counsel for
Ms. Dillon in this matter, that attorney’s representation will be limited to
representing her in connection with the contempt proceedings. Accordingly, the
situation still needs clarification with respect to the underlying proceeding – in
terms of who is representing Ms. Dillon and defendant Dental Healthcare with
Heart. For that reason, the Court will direct Mr. Breitsameter to file an appropriate
motion. The Court will further direct the Clerk to resume providing notifications of
court filings to Mr. Breitsameter and to continue doing so so long as Mr.
Breitsameter remains counsel of record in this matter.

ORDER - 2

ORDER
IT IS ORDERED THAT:
1) Attorney George Breitsameter is directed to either file a status report with
the Court, regarding the status of his representation of the defendants in
this matter. Alternatively, if he wishes to file a formal motion to
withdraw as counsel, he shall do so within 14 days of this Order. Any
such motion shall comply with Local Rule 83.6.
2) The Clerk is directed to resume notifying Mr. Breitsameter of court
filings in this matter and to continue doing so so long as Mr. Breitsameter
remains counsel of record in this matter.
DATED: March 29, 2024
_________________________
B. Lynn Winmill
U.S. District Court Judge

ORDER - 3