United States of America v. 12516 West 164th Street, Overland Park, Kansas et al

Filing 54

ORDER denying, without prejudice, 53 counsel's motion to withdraw for failure to comply with the requirements of D. Kan. R. 83.5.5(a). Signed by Magistrate Judge James P. O'Hara on 8/13/20. (jc)

Case 6:15-cv-01206-JWB-JPO Document 54 Filed 08/13/20 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No. 15-1206-JWB

12516 W 164TH STREET, OVERLAND
PARK, KANSAS, et al.,
Defendants.

ORDER
Leland E. Cox, counsel for claimants Nagy G. Shehata and Valerie A. Shehata, has
moved to withdraw as counsel (ECF No. 53). Although Thomas W. Bartee from the Office
of the Federal Public Defender is also listed as counsel for Mr. Shehata, that is because of
an associated criminal matter, D. Kan. Case No. 15-cr-20052-JWL, for which Mr. Bartee
was appointed counsel and which has since been resolved.1 Mr. Cox served as Mr.
Shehata’s sole counsel for the civil matter. Ms. Shehata has since obtained new counsel,
but Mr. Shehata has not. Accordingly, the motion is subject to the requirements of D. Kan.
R. 83.5.5(a) because he will be left without counsel. The motion fails to comply with Rule
83.5.5(a)(1)(B)-(C) because it fails to provide evidence that the client has received
adequate information about counsel’s withdrawal.
Counsel is directed to comply with the requirements of Rule 83.5.5 in its entirety,
including providing his client with (1) the admonition that the client is personally

1

ECF Nos. 34 & 49.

Case 6:15-cv-01206-JWB-JPO Document 54 Filed 08/13/20 Page 2 of 2

responsible for complying with all orders of the court and time limitations established by
the rules of procedure or by court order; (2) the dates of any pending trial, hearings,
conferences, and deadlines; (3) a current mailing address and telephone number for the
client; and (4) proof of personal service of the motion to withdraw or the certified mail
receipt, signed by the client, or an affidavit indicating he received a copy of the motion to
withdraw.
IT IS THEREFORE ORDERED that the motion to withdraw as counsel (ECF No.
53) is denied without prejudice to re-filing.
Dated August 13, 2020, at Kansas City, Kansas.
s/ James P. O’Hara
James P. O’Hara
U.S. Magistrate Judge