Trustees of the Stone and Marble Masons of Metropolitan Washington, D.C. Pension Trust Fund et al v. Northern Virginia Caulking and Restoration, Inc.

Filing 21

MEMORANDUM OPINION. Signed by Judge Deborah K. Chasanow on 5/4/2005. (c/m to Defendant 5/4/2005 td)(Chasanow, Deborah)

Trustees of the Stone and Marble Masons of Metropolitan Washin...inia Caulking and Restoration, Inc.

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Case 8:04-cv-01610-DKC

Document 21

Filed 05/04/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND TRUSTEES OF THE STONE AND MARBLE MASONS OF METROPOLITAN: WASHINGTON, D.C. PENSION TRUST FUND, et al. : v. NORTHERN VIRGINIA CAULKING AND RESTORATION, INC. : Civil Action No. DKC 2004-1610 : : :

MEMORANDUM OPINION Presently pending and ready for resolution are Plaintiffs' motions to reopen and the motion to withdraw as attorney filed by counsel for Defendant. All motions are unopposed.

The parties reached a settlement in this case and it was dismissed without prejudice to Plaintiffs' right to reopen in the event of material breach. Plaintiffs contend that such a

material breach has occurred and Defendant has not objected. Accordingly, Plaintiffs' motions will be granted. Counsel for Defendant filed a motion to withdraw, reciting that they have but been that unable they to a locate letter or to communicate its last with known

Defendant,

sent

address, advising Defendant of their intent to file the motion. Thus, counsel have complied with Local Rule 101.2.b, Withdrawal of Appearance, which provides: b. Parties Other Than Individuals

Dockets.Justia.com

Case 8:04-cv-01610-DKC

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Filed 05/04/2005

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In the case of any party other than an indivi d u a l , including corporations, partnerships, unincorporated associations and government entities, appearance of counsel may be withdrawn only with leave of Court and if (1) appearance of other counsel has been entered, or (2) withdrawing counsel files a certificate stating (a) the name and last known address of the client, and (b) tha t the written notice has been mailed to or otherwise served upon the client at least five days previously advising the client of counsel's proposed withdrawal and notifying it that it must have new counsel enter an appearance or be subject to the dismissal of its claims and/or default judgment on claims against it. In the event that within thirty days of the filing of the motion to withdraw, new counsel has not entered an appearance, the Court may take such action, if any, that it deems appropriate, including granting the motion to withdraw and dismissing any affirmative claim for relief asserted by the party and/or directing the party to show cause why a default should not be entered on claims asserted against it. Thus, inasmuch as more than thirty days have passed since the filing of the motion and no new counsel has appeared, the appearance of counsel for Defendant will be stricken and

Defendant will be ordered to show cause why a default should not be entered on the claims asserted against it. will be entered. A separate order

/s/ DEBORAH K. CHASANOW United States District Judge May 4, 2005

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