Sanat V Sanghani M D L L C v. United HealthCare Services Inc

Filing 38

MEMORANDUM ORDER filed. Signed by Magistrate Judge Joseph H L Perez-Montes on 8/15/2019. (crt,Tice, Y)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION
SANAT V. SANGHANI, M.D.,
L.L.C.,
Plaintiff

CIVIL ACTION 1:17-CV-00685

VERSUS

JUDGE DRELL

UNITED HEALTHCARE
ILLINOIS, INC.,
Defendant

OF

MAGISTRATE
MONTES

JUDGE

PEREZ-

MEMORANDUM ORDER
The undersigned held a telephone conference on August 13, 2019. Present
were Katherine Cicardo Mannino and Errol King for Defendant. Neither counsel of
record for Plaintiff participated. The Court was advised that both counsel for Plaintiff
likely intend to withdraw from the case. However, to date, neither has filed a motion
to do so.
The Court was also advised that one of Plaintiff’s attorneys may be ill. The
Court certainly understands and makes all reasonable allowances for illness. But
briefing deadlines continue to pass in this case unaddressed, and the merits remain
unaddressed, all while Plaintiff’s attorneys remain enrolled. In fairness to all parties,
then, the Court considered some method of clarifying representation and advancing
the litigation. The result of that consideration follows.
IT IS ORDERED that, on or before August 23, 2019, counsel of record for
Plaintiff shall file a Motion to Withdraw that conforms to the requirements of Local

Rule 83.2.11. 1 If a Motion to Withdraw is made on behalf of an incapacitated attorney
by an attorney who is not currently enrolled as of record, that motion must be filed
on paper and in person in the Clerk of Court’s office. See Local Rule 83.2.12. 2
If no Motion to Withdraw is filed, then all attorneys and parties in the litigation
will be subject to the briefing deadlines set forth below:
•

Plaintiff’s brief is due on or before September 27, 2019.

•

Defendant’s brief is due within 30 days of the filing of Plaintiff’s brief.

•

Plaintiff’s reply brief is due within 7 days of the filing of Defendant’s brief.

These deadlines will only be upset upon motion and with good cause shown.

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LR83.2.11. Continuing Representation, Withdrawals, Substitution of Counsel.
The original counsel of record shall be held to represent the party for whom he
or she appears unless the court permits him or her to withdraw from the case.
He or she may obtain permission only upon joint motion to substitute counsel
or upon a written motion served on opposing counsel and the client before the
court acts. If other counsel is not thereby substituted, the motion to withdraw
shall contain the present address of the client and the client's telephone
number if the client can be reached by telephone. The motion shall be
accompanied by a certificate of service, including a statement that the client
has been notified of all deadlines and pending court appearances, on both the
client by certified mail and opposing counsel, or an affidavit stating why
service has not been made.

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LR83.2.12. Additional Counsel.
Where counsel has appeared for any party, other counsel may appear for the
same party only:
A.
Upon motion of counsel of record for that party, or motion
consented to by him/her; or
B.
Upon motion, after counsel for the party has been permitted to
withdraw or has died, or is incapacitated, or cannot be found; or
C.
Upon motion of a party after notice to counsel of record and a
hearing thereon.

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THUS DONE AND SIGNED in chambers at Alexandria, Louisiana on
this 15th day of August, 2019.
______________________________
Joseph H.L. Perez-Montes
United States Magistrate Judge

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