Lee v. Kansas State University et al

Filing 61

MEMORANDUM AND ORDER granting 60 Motion to Withdraw as Plaintiff's Attorney. Attorneys Clifford A. Cohen and Austin B. Hayden are authorized to withdraw as counsel for Plaintiff Grace Lee in this case. All further service upon Grace Lee shall be sent to 198 Mount Vernon Street, Apt. S1, Malden MA 02148. Signed by Magistrate Judge Teresa J. James on 09/24/2014.Mailed to pro se party Grace Lee by regular mail. (ts)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
GRACE LEE,
Plaintiff,
vs.

KANSAS STATE UNIVERSITY, et al.,
Defendants.

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Case No. 12-cv-2638-JAR-TJJ

MEMORANDUM AND ORDER
The Court has before it a Motion to Withdraw as Plaintiff’s Attorneys of Record (ECF
No. 60) filed by attorneys Clifford A. Cohen and Austin B. Hayden of Cohen McNeile &
Pappas, P.C. Counsel request that they be allowed to withdraw as attorneys of record for
Plaintiff Grace Lee in this action. The deadline for filing a response to the Motion to Withdraw
has passed and no response has been filed. As the relief requested would leave the client without
counsel, movants must satisfy the requirements of D. Kan. Rule 83.5.5(a). Upon review, the
Court concludes that the motion should be granted.
For the reasons stated in the Motion to Withdraw, good cause exists for counsel to
withdraw. Counsel states that Plaintiff and Plaintiff’s counsel have fundamental disagreement
on matters essential to the continued prosecution of this action.1 The motion includes as an
attachment a letter from Plaintiff who states that she thinks counsel should be allowed to
withdraw.2

1

Counsel does not reveal the subject matter of the disagreement. Rule 83.5.5(a)(1)(A)
recognizes that an attorney who seeks to withdraw is not to reveal information that would violate
any applicable standards of professional conduct.
2

See ECF No. 60-3. Plaintiff also states that she asked Mr. Cohen and Mr. Hayden to remain as
her attorneys, but that she respects their free will to decline to do so.

Movants have shown that they mailed Ms. Lee a copy of the Court’s Scheduling Order
along with several other orders the Court entered between December 7, 2012 and August 20,
2014. Movants have also shown that they notified Ms. Lee that if she does not retain counsel,
she will be personally responsible for complying with all orders of the court and time limitations
established by the rules of procedure or by court order. The motion also contains a current
mailing address and phone number for Ms. Lee. Finally, on September 5, 2014, movants served
Ms. Lee with a copy of their Motion to Withdraw as Plaintiff’s Attorneys of Record by certified
mail, with return receipt requested.3
From the date of service of this Order on the parties to this action, no further notices,
papers or pleadings are to be served upon withdrawing counsel. Until Plaintiff retains new
counsel who has entered an appearance on her behalf, all further notices, papers or pleadings to
Plaintiff Grace Lee shall be served on her at the following address:
198 Mount Vernon Street
Apt. S1
Malden MA 02148
IT IS THEREFORE ORDERED that the Motion to Withdraw as Plaintiff’s Attorneys
of Record (ECF No. 60) is granted. Movants are hereby authorized to withdraw as counsel of
record for Plaintiff Grace Lee in this case.
Dated this 24th day of September, 2014 in Kansas City, Kansas.

s/ Teresa J. James
Teresa J. James
United States Magistrate Judge

3

Although movants have not filed the certified mail receipt or an affidavit indicating that Ms.
Lee received a copy of their motion to withdraw as required by D. Kan. R. 83.5.5(a)(4), the
purpose of the rule has been satisfied with Ms. Lee’s letter stating her belief that movants should
be allowed to withdraw.
2