Smith v. Consolidated Rail Corporation et al

Filing 38

ORDER Conditionally Granting 36 MOTION to Withdraw as Counsel and Requiring Robert Smith Personally to Show Cause Why this Action Should Not Be Dismissed With Prejudice. (Show Cause Response due by close of business on 1/25/2016.) Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROBERT SMITH,
Plaintiff,

Case No. 14-cv-10426
Hon. Matthew F. Leitman

v.
NORFOLK SOUTHERN COMPANY and
CONSOLIDATED RAIL CORPORATION,
Defendants.
__________________________________________________________________/
ORDER CONDITIONALLY GRANTING MOTION TO WITHDRAW AS
COUNSEL (ECF #36) AND REQUIRING PLAINTIFF ROBERT SMITH
PERSONALLY TO SHOW CAUSE WHY THIS ACTION SHOULD NOT
BE DISMISSED WITH PREJUDICE
In this action, Plaintiff Robert Smith seeks damages arising out of an
accident between a train and the vehicle he was driving. Smith is represented by
Carl Collins, III of the Law Office of Carl Collins, III law firm and Lenox
Emanuel, who is of counsel to the Law Office of Carl Collins, III firm.
On December 4, 2015, Mr. Collins, acting on behalf of himself, his law firm,
and Mr. Emanuel, filed a motion to withdraw as Plaintiff’s counsel (the “Motion”).
On December 8, 2015, this Court entered an order (ECF #37) setting a hearing on
the Motion for December 21, 2015 (the “Hearing Order”). The Hearing Order
specifically required Plaintiff to attend the hearing on the Motion. It also expressly
provided that it was to be sent to Plaintiff by regular mail by both Mr. Collins and

Mr. Emanuel, personally, and it further directed Mr. Collins and Mr. Emanuel to
file a proof of service with the Court confirming that they sent the Hearing Order
to Plaintiff.
On December 21, 2015, Mr. Emanuel and Mr. Collins appeared for the
hearing on the Motion. Defense counsel and a party representative of Defendant
also appeared. Plaintiff did not appear. Mr. Collins and Mr. Emanuel represented
to the Court that, as ordered, they had sent the Hearing Order to Plaintiff at or
about the time the Court entered that order.

However, Mr. Collins and Mr.

Emanuel both acknowledged that they had failed to file a proof of service with the
Court confirming the mailing. The Court takes Mr. Collins and Mr. Emanuel at
their word that they did, indeed, send the Hearing Order to Plaintiff.
In the Motion, Mr. Collins and Mr. Emanuel explain that there has been a
breakdown in their attorney-client relationship with Plaintiff.

Mr. Emanuel

repeated that point at the hearing. The Court accepts their representation that the
relationship has broken down, and the Court GRANTS their motion to withdraw
upon fulfillment of the conditions set forth below.
In light of Plaintiff’s failure to appear at the hearing on the Motion as
ordered, IT IS HEREBY ORDERED that Plaintiff shall show cause in writing
why this action should not be dismissed with prejudice. Plaintiff shall file his
written response to this Order with the Clerk of this Court by not later than the

close of business on January 25, 2015. If Plaintiff fails to respond, this action will
be dismissed with prejudice.
IT IS FURTHER ORDERED that by not later than the close of business
on Wednesday, December 23, 2015, both Mr. Collins and Mr. Lenox shall
separately send a copy of this order to Plaintiff by regular mail and shall separately
file a proof of service with this Court confirming their timely sending of this order
to Plaintiff.
Upon the filing of said proofs of service by both Mr. Collins and Mr.
Emanuel, their appearance as counsel shall be terminated without further order of
the Court. Neither of their appearances shall be terminated until both of them have
filed the required proofs of service.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: December 21, 2015
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on December 21, 2015, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]