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)

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