Watchous Enterprises, L.L.C. v. Pacific National Capital et al

Filing 330

MEMORANDUM AND ORDER denying 326 Motion to Withdraw as Attorney ; denying 327 Motion to Withdraw as Attorney ; denying 328 Motion to Withdraw as Attorney. Signed by District Judge J. Thomas Marten on 2/21/2020. (sz)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

WATCHOUS ENTERPRISES, LLC,
Plaintiff,
vs.

No. 16-1432-JTM

PACIFIC NATIONAL CAPITAL,
et al.,
Defendants.

MEMORANDUM AND ORDER

The court hereby denies without prejudice the motions by counsel for the
Waterfall defendants to withdraw. The motions state counsel has “admonished their
clients, which include corporations, that each needed to obtain new counsel,” and that
the motion “is being served … on each of the Defendants and their representatives.”
(Motion, at 2). The Certificate of Service attached to the motion specifies that a copy of
the withdrawal motion “was sent … by email to the Waterfall Defendants.” (Id. at 3).
Under D.Kan.R. 83.5.5(a)(2), such a motion must be served upon the client “by
personal service or by certified mail.” Further, the motion must identify the current
mailing address and telephone number for the client. Rule 335.5(a)(1)(c). The present
motion includes mailing addresses for the Waterfall defendants, but does not include
either their telephone numbers, or a statement as to why these cannot be provided.

IT IS ACCORDINGLY ORDERED this day of February, 2020, that the Motions to
Withdraw (Dkt. 326, 327, 328) are denied without prejudice.

J. Thomas Marten
J. Thomas Marten, Judge

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