Schroeder Publishing Co., Inc. v. Great Northern Insurance Company et al

Filing 24

OPINION AND ORDER Signed by Magistrate Judge Lanny King on 9/1/2021 denying 23 Motion to Withdraw as Attorney. cc: Counsel (JM)

Case 5:20-cv-00108-BJB-LLK Document 24 Filed 09/02/21 Page 1 of 2 PageID #: 656

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
PADUCAH DIVISION
CASE NO. 5:20-CV-00108-BJB-LLK
SCHROEDER PUBLISHING CO., INC.

PLAINTIFF

v.
GREAT NORHTERN INSURANCE COMPANY

DEFENDANT

OPINION AND ORDER
This matter is before the Court on the motion of the Plaintiff’s attorney’s motion to
withdraw as counsel. [DN 23]. For the reasons discussed below, the Motion is DENIED.
Local Rule 83.6 provides three circumstances where an attorney may withdraw outside of
the 21-day window of trial. These are:
(a) The attorney files a motion, his or her client consents in writing,
and another attorney enters his or her appearance; or
(b) The attorney files a motion, certifies the motion was served on
the client, makes a showing of good cause, and the Court consents
to the withdrawal on whatever terms the Court chooses to impose.
(c) In cases where an attorney seeks to be substituted for another as
attorney of record, and both attorneys are within the same
partnership or other legal professional association, a notice of
substitution must be filed by the withdrawing attorney and the
substitute attorney with an affirmative representation stating that the
substitution is made with the client's consent; the notice may, but
need not be, signed by the client.
Here, where Mark Bryant, Ronald Parry, Teris Swanson will remain as counsel to
Schroeder Publishing Co. and the attorney filed their motion to withdraw, the attorney has
attempted compliance with LR 83.6(a). However, Local Rule 83.6(a) requires that “his or her
client consents in writing.” This has not been provided. Therefore, the Plaintiff has failed to
meet the consent requirement of LR 83.6(a)

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Case 5:20-cv-00108-BJB-LLK Document 24 Filed 09/02/21 Page 2 of 2 PageID #: 657

IT IS THEREFORE ORDERED that the Plaintiff’s Motion to Withdraw as Counsel is
DENIED without prejudice.
IT IS SO ORDERED.
September 1, 2021

C: Counsel

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