Scott et al v. St. Jude Medical, Inc et al

Filing 23

ORDER granting 21 Motion to Withdraw as Attorney. Attorney David H Maguire terminated; granting 22 Motion for Extension of Time to File Response/Reply re 20 MOTION for Summary Judgment (Responses due by 8/26/2011). Plaintiff shall have 21 day s from the filing of the proof of service by tthe withdrawing attorney to file written notice with the Court stating how and by whom it 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)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

BRYAN SCOTT and BRENDA SCOTT,
husband and wife,
Plaintiffs,

Case No. 4:10-CV-00363-BLW
ORDER

v.
ST. JUDE MEDICAL, INC., a
Minnesota Corporation, ST. JUDE
MEDICAL, NEUROMODULATIONS
DIVISION, and ADVANCED
NEUROMODULATION SYSTEMS,
INC., a Texas corporation d/b/a ST.
JUDE NEUROMODULATIONS
SYSTEMS, INC.,
Defendants.

The Court has before it a Motion to Withdraw as Counsel (Dkt. 21) and Motion for
Extension of time to Respond to Motion for Summary Judgment (Dkt. 22). Counsel for
Plaintiff requests to withdraw as counsel of record.
NOW THEREFORE IT IS HEREBY ORDERED that pursuant to District of Idaho
Local Civil Rule 83.6, the Motion to Withdraw as Counsel (Dkt. 21) shall be, and the
same is hereby GRANTED, and counsel is permitted to withdraw according to the
following terms:
1.
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Withdrawing counsel shall continue to represent Plaintiff, pursuant to Dist.

Idaho Loc. Civ. R. 83.6(c)(2) until proof of service of this Order on the client has been
filed with the Court, or alternatively, until such time as Plaintiff notifies the Court in
writing that it has received the Court’s Order. The withdrawing attorney shall forthwith
and with due diligence serve all other parties and either personally serve copies of the
Order upon Plaintiff or mail the Order by first class mail, return receipt requested.
2.

Plaintiff shall have twenty-one (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 it will be represented.
3.

Upon filing of proof of service on Plaintiff, no further proceedings can be

had in this action that will affect Plaintiff’s rights for a period of twenty-one (21) days. If
Plaintiff fails to appear in this action, either in person or through a newly appointed
attorney within that twenty-one (21) day period, such failure shall be grounds for
dismissal of Plaintiff’s claims with prejudice without further notice.
IT IS FURTHER ORDERED that the Motion for Extension of time to Respond to
Motion for Summary Judgment (Dkt. 22) is GRANTED. Plaintiffs shall have until
August 26, 2011 to file their response to the pending motion for summary judgment.

DATED: July 20, 2011

B. LYNN WINMILL
Chief U.S. District Court Judge

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