United States Securities and Exchange Commission v. Delphi Corporation et al

Filing 400

ORDER STRIKING NOTICE OF WITHDRAWAL. Signed by District Judge David M. Lawson. (TTho)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES SECURITIES AND
EXCHANGE COMMISSION,
Plaintiff,
v.

Case Number 06-14891
Honorable David M. Lawson

J.T. BATTENBERG, III and PAUL FREE,
Defendants.
________________________________________/
ORDER STRIKING NOTICE OF WITHDRAWAL
On October 27, 2022, attorney Susan K. DeClercq filed a “notice of U.S. Attorney
withdrawal” of her appearance as counsel of record for the government. The “notice” was
ineffective and improperly filed. Under the applicable court rules, “[a]n attorney may withdraw
or be substituted for only on order of the court.” E.D. Mich. LR 83.25(b)(2). Moreover, before
seeking any relief by filing a motion, “[t]he movant must ascertain whether the contemplated
motion, or request under Federal Rule of Civil Procedure 6(b)(1)(A), will be opposed.” E.D. Mich.
LR 7.1(a)(1). “If the movant obtains concurrence, the parties or other persons involved may make
the subject matter of the contemplated motion or request a matter of record by stipulated order.”
Ibid. Counsel in this instance made no effort to comply with the applicable court rules, and her
filings purporting to withdraw her appearance therefore will be stricken.
Accordingly, it is ORDERED that the notice of withdrawal filed by attorney Susan K.
DeClercq (ECF No. 399) is STRICKEN.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: November 3, 2022