A.D. et al v. Meridian Community Unit School District 101 et al

Filing 51

ORDER GRANTING 48 First MOTION to Withdraw as Attorney filed by A.D., K.D. Attorney Daniel R. Seidman terminated. Signed by Magistrate Judge Reona J. Daly on 9/13/2018. (nmf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
A.D., individually and as mother and next
friend of K.D., a minor, and K.D., a minor,

)
)
)
Plaintiff,
)
)
v.
)
)
MERIDIAN COMMUNITY UNIT SCHOOL )
DISTRICT 101, et al.,
)
)
Defendants.
)

Case No. 3:18-cv-162-NJR-RJD

ORDER
DALY, Magistrate Judge:
This matter is now before the Court on Attorney Daniel Seidman’s Motion for Leave to
Withdraw as Counsel of Record (Doc. 48). The motion is GRANTED.
Plaintiffs A.D. and K.D. filed this action, through counsel, on February 1, 2018. On
August 17, 2018, counsel filed his motion to withdraw that is now before the Court. The Court
held a hearing on the motion on September 13, 2018. Attorney Seidman appeared at the hearing;
however, Plaintiffs failed to appear. At the hearing, Attorney Seidman reiterated the issues set
forth in his motion, explaining that he has not been able to contact Plaintiffs and, as a result, has
been unable to respond to Defendants’ propounded discovery requests. Based on counsel’s
representations, the Court GRANTS the motion to withdraw.

Attorney Daniel Seidman is

terminated from his representation of Plaintiffs in this matter.
Plaintiff A.D. is ADVISED that she must either: (1) file a notice of her intent to proceed
pro se in this matter; or (2) have new counsel file their notice of appearance on her behalf by
October 4, 2018. Plaintiff A.D. is FURTHER ADVISED that if she fails to retain new counsel
Page 1 of 2

by said date she will be proceeding in this matter pro se.
Plaintiff K.D.’s claim has been brought through her legal guardian and mother, A.D. The
withdrawal of Attorney Seidman has, in effect, resulted in A.D. representing K.D. pro se. As a
pro se litigant, A.D. is prohibited from representing K.D. in this case. See Nocula v. Tooling
Systems International Corp., 520 F.3d 719, 725 (7th Cir. 2008) (“one pro se litigant cannot
represent another”); Navin v. Park Ridge School Dist. 64, 270 F.3d 1147, 1148 (7th Cir. 2001)
(“[Father] was free to represent himself, but as a non-lawyer, he has no authority to appear as
[son’s] representative”). Accordingly, K.D. must obtain new counsel by October 4, 2018 to
continue as a party to this case.
IT IS SO ORDERED.
DATED: September 13, 2018
s/ Reona J. Daly
Hon. Reona J. Daly
United States Magistrate Judge

Page 2 of 2