Kirkpatrick v. Guess & Co. Corporation et al

Filing 15

ORDER granting 14 Amended Motion to Withdraw as Counsel and finding as moot 12 Motion to Withdraw as Counsel. Pursuant to D. Kan. Rule 83.5.5(a), attorney Jeffrey A. Befort is hereby withdrawn as counsel of record for Defendants in this case. Signed by Magistrate Judge Teresa J. James on 10/25/2024. (Mailed to Defendants by regular mail to address listed in the Order.) (byk)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ALYSSA ANN KIRKPATRICK,
Plaintiff,
v.

Case No. 24-cv-4047-KHV-TJJ

GUESS & CO. CORPORATION and JERRY D.
GUESS,
Defendants.
ORDER AUTHORIZING WITHDRAWAL OF COUNSEL
This matter is before the Court on the Amended Motion to Withdraw as Counsel (ECF No.
14) filed by attorney Jeffrey A. Befort (“Moving Counsel”). Moving Counsel requests that he be
allowed to withdraw as counsel of record for Defendants Guess & Co. Corporation (the “Company
Defendant”) and Jerry D. Guess (collectively, the “Defendants”) in this action. Because this
withdrawal would leave Defendants without counsel, D. Kan. Rule 83.5.5(a) applies. Upon review
of the Amended Motion and accompanying Affidavit (ECF No. 13-1), the Court hereby finds and
orders as follows:
1.

For the reasons set forth in the Amended Motion and Affidavit, good cause exists

for counsel to withdraw, and said withdrawal is permissible under the applicable rules of
professional conduct.
2.

Moving Counsel has filed an Affidavit stating the Amended Motion was served on

Defendants via certified mail, with an attached certified mail receipt showing service on October
15, 2024.

3.

Moving Counsel has informed Defendants in writing that they are personally

responsible for complying with all orders of the Court and time limitations established by the rules
of procedure or Court Order.
4.

Moving Counsel has informed Defendants that an Initial Scheduling Order has been

entered in this case setting a Scheduling Conference set for November 25, 2024 at 10:00 am.
Moving Counsel has further notified Defendants that further proceedings may be held in this
matter whether or not they are represented by counsel.
5.

Moving Counsel, Jeffrey A. Befort, is hereby authorized to withdraw as counsel of

record for Defendants in this case.
6.

From the date of service of this Order upon the parties to this action, no further

notices, papers or pleadings are to be served upon Moving Counsel. All further notices, papers or
pleadings to Defendants shall be served upon them at the following address:
Mr. Jerry D. Guess
Guess & Co. Corporation
5540 West 110th Street, Suite 300
Overland Park, KS 66211
7.

Finally, the Court advises Company Defendant that business entities, such as

corporations, partnerships, associations, and limited liability companies, cannot appear in federal
court pro se and must be represented by an attorney licensed to appear before this court.1 If
Company Defendant fails to secure counsel to appear and represent it in this litigation, an order of
default judgment or other orders may be entered against this Defendant for its failure to appear.

1

See Harrison v. Wahatoyas, LLC, 253 F.3d 552, 556 (10th Cir. 2001) (“As a general matter, a
corporation or other business entity can only appear in court through an attorney and not through a nonattorney corporate officer appearing pro se.”).

2

IT IS THEREFORE ORDERED that Moving Counsel’s Amended Motion to Withdraw
as Counsel (ECF No. 14) is granted. Pursuant to D. Kan. Rule 83.5.5(a), attorney Jeffrey A. Befort
is hereby withdrawn as counsel of record for Defendants in this case.
IT IS FURTHER ORDERED that Moving Counsel’s Motion to Withdraw as Counsel
(ECF No. 12) has been superseded by the filing of the Amended Motion and is found moot.
IT IS FURTHER ORDERED that a copy of this Order is to be mailed to Defendants at
the address listed above.
IT IS SO ORDERED.
Dated October 25, 2024, at Kansas City, Kansas.

Teresa J. James
U. S. Magistrate Judge

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