Swank et al v. Scottsdale Insurance Co

Filing 46

ORDER re 32 Order for Settlement Conference. The Court afforded plaintiff until April 30, 2011, "to enroll new counsel or to inform the court IN WRITING of his intent to proceed pro se" 45 . Furthermore, because co-plaintiff, Rooster&# 039;s Country Bar, Inc., is a corporation, it is not permitted to proceed pro se. Thus, it must retain new counsel by April 30, 2011. Plaintiffs' un-excused failure to so comply may result in dismissal of their claims. Fed.R.Civ.P.41(b). In light of these developments, the April 18, 2011, settlement conference is hereby upset. IT IS SO ORDERED. Signed by Magistrate Judge Karen L Hayes on 4/5/11. (crt,DickersonSld, D)

Swank et al v. Scottsdale Insurance Co

Doc. 46

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION JEFFREY C. SWANK and ROOSTER'S COUNTRY BAR, INC. VERSUS SCOTTSDALE INSURANCE COMPANY * * * CIVIL ACTION NO. 10-0061 JUDGE ROBERT G. JAMES MAG. JUDGE KAREN L. HAYES

ORDER This matter is currently scheduled for mediation before the undersigned on April 18, 2011. (Nov. 17, 2011, Order [doc. # 32]). Recently, however, defendant Scottsdale Insurance Company has filed a motion for partial summary judgment [doc. # 42]. Moreover, plaintiffs' counsel recently withdrew from the case because of plaintiff, Jeffrey Swank's refusal to cooperate or communicate with counsel. (M/Withdraw [doc. # 44]). The court afforded plaintiff until April 30, 2011, "to enroll new counsel or to inform the court IN WRITING of his intent to proceed pro se." (March 31, 2011, Order [doc .# 45]). Furthermore, because co-plaintiff, Rooster's Country Bar, Inc., is a corporation, it is not permitted to proceed pro se. Thus, it must retain new counsel by April 30, 2011. Plaintiffs' un-excused failure to so comply may result in dismissal of their claims. Fed.R.Civ.P. 41(b). In light of these developments, the April 18, 2011, settlement conference is hereby upset. IT IS SO ORDERED. THUS DONE AND SIGNED in chambers, at Monroe, Louisiana, this 5th day of April 2011.

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