Macomb Interceptor Drain Drainage District v. Kilpatrick et al

Filing 197

ORDER Holding in Abeyance 181 MOTION for Withdrawal of Attorney James C. Thomas; Michael C. Naughton filed by Kwame Kilpatrick. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MACOMB INTERCEPTOR DRAIN DRAINAGE
DISTRICT,
Plaintiff,
v.

Case No. 11-13101

KWAME KILPATRICK, et al.,
Defendants.
/
ORDER HOLDING IN ABEYANCE ATTORNEYS JAMES THOMAS AND
MICHAEL NAUGHTON’S MOTION TO WITHDRAW AS COUNSEL
On February 10, 2012, attorneys James Thomas and Michael Naughton, counsel
for Defendant Kwame Kilpatrick, filed a motion to withdraw as counsel, asserting the
following grounds for withdrawal: (1) “counsel’s services in the instant matter will cause
a very serious impairment to files that are already pending against Mr. Kilpatrick”; (2)
“client has failed and or neglected to substantially fulfill an obligation to counsel
regarding their services on the file and has been given reasonable warning that
withdrawal will occur”; and (3) “it appears that the client and his attorney are no longer
able to work in coordination and cooperation in a manner that would serve the best
interests of the client.” (Thomas and Naughton’s Mot. Withdraw ¶¶ 3-6, Feb. 10, 2012,
Dkt. # 181.) Counsel also filed a “Consent to Withdrawal of Counsel” signed by
Defendant Kilpatrick, (Kilpatrick Consent, Feb. 17, 2012, Dkt. # 184-1), and indicated
that Kilpatrick would likely request 30 days to retain alternate counsel, (Thomas and
Naughton’s Mot. Withdraw ¶ 4.)

Despite counsel’s assurances that a withdrawal will not prejudice Defendant
Kilpatrick because the proceedings are still at an early stage, the court is nevertheless
concerned that given the complexity and Defendant Kilpatrick’s central role in this
action, withdrawal without arranging for the substitution of counsel will materially harm
Defendant Kilpatrick’s interests. Accordingly, the court will hold counsel’s motion in
abeyance for 30 days from the issuance of this order to allow Defendant Kilpatrick an
opportunity to retain alternate counsel. If, at the end of this 30-day period, Defendant
Kilpatrick has not secured alternate counsel, the court will schedule a hearing at which
Defendant Kilpatrick’s and counsel’s attendance will be compulsory.
IT IS ORDERED that attorneys James Thomas and Michael Naughton’s motion
to withdraw [Dkt. # 181] is HELD IN ABEYANCE for 30 days from the issuance of this
order.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: March 12, 2012
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, March 12, 2012, by electronic and/or ordinary mail.

S/Lisa G. Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JRC\Opinions and Orders\11-13101.KILPATRICK.Substitute.Counsel.wpd

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