Trustees of the National Automatic Sprinkler Industry Welfare Fund et al v. Austin Fire Protection LLC

Filing 42

MEMORANDUM ORDER. Signed by Judge Peter J. Messitte on 2/1/2024. (bas, Deputy Clerk)

Download PDF
UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND 6500 CHERRYWOOD LANE PETER J. MESSITTE GREENBELT,MARYLAND 20770 UNITED STATES DISTRICT JUDGE 301-344-0632 MEMORANDUM TO: Counsel of Record, FROM: Judge Peter J. Messitte RE; Trustees ofthe National Automatic Sprinkler Industry Welfare Fund, et al. v. Austin Fire Protection LLC. No. 22-CV-2170 DATE: February J_,2024 * * * The Court is receipt ofa Motion to Withdraw as Counsel(ECF No.41)filed by counsel for Austin Fire Protection LLC ("Austin"). The Motion represents that Austin has been duly notified of counsel's intention to withdraw from this case, and that Austin consents to the withdrawal. See id at 1; see also D. Md. Local R. 101.2. The Motion also indicates that, on the day that Plaintiffs filed their Motion for Summary Judgment (ECF No.38), Austin's corporate representative advised counsel that it no longer intends to defend this lawsuit. To date, Austin has not filed a response in opposition to Plaintiffs' Motion for Summary Judgment, even though the time to do so has expired. See D. Md. Local R. 105.2(a). Austin's chosen means of notifying the Court about its refusal to defend this case—through an attorney's motion to withdraw—is not acceptable. Accordingly, the Court ORDERS Austin's corporate representative, the Executive Vice President who disclosed the company's litigation intentions to counsel, to file on this case's docket, within the next fourteen (14) days, a signed certification notifying the Court of the company's intention not to defend. Counsel for Austin SHALL provide a copy of this Order to the Executive Vice President. In the interim, the Court will DEFER ruling on the Motion to Withdraw as Counsel(ECF No.41) and Plaintiffs' Motion for Summary Judgment(ECF No. 38). Despite the informal nature ofthis ruling, it shall constitute an Order ofthe Court and the Clerk is directed to docket it accordingly. Unite CC: Court file Counsel of Record ier J. Messitte t'ates District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?