Hare v. UAW (Local 668) et al

Filing 22

ORDER granting 19 Amended motion to withdraw as counsel by Attoreny Mandel I. Allweil and ordering plaintiff to find replacement counsel within 30 days. Signed by District Judge David M. Lawson. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
WILBERT HARE, ON BEHALF OF HIMSELF
AND 65 SIMILARLY SITUATED MEMBERS
OF UNITED AUTO WORKERS LOCAL UNION
NO. 668 AND EMPLOYEES OF THE GENERAL
MOTORS CORPORATION,
Plaintiffs,
v.

Case Number 15-12043
Honorable David M. Lawson

INTERNATIONAL UNION UNITED AUTOMOBILE,
AEROSPACE, AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA (UAW), and GENERAL
MOTORS LLC,
Defendants.
_____________________________________________/
ORDER GRANTING MOTION TO WITHDRAW AND ORDERING THE PLAINTIFF
TO FIND REPLACEMENT COUNSEL WITHIN THIRTY DAYS
This matter is before the Court on attorney Mandel I. Allweil’s motion to withdraw as
counsel of record in this putative class action. It appears that there is a disagreement between Mr.
Hare, the named plaintiff, and Mr. Allweil as to the manner in which to proceed in this case. The
Court heard oral argument on November 19, 2015 and has reviewed the motion and finds that
attorney Allweil has shown good grounds for the Court to allow his withdrawal. The Court therefore
will grant attorney Allweil’s motion.
However, the plaintiff is now without counsel. Mr. Hare cannot proceed pro se on behalf
of a putative class action “[b]ecause, by definition, pro se means to appear on one’s own behalf, a
person may not appear pro se on another person’s behalf in the other’s cause of action.” Cavanaugh
ex rel. Cavanaugh v. Cardinal Local Sch. Dist., 409 F.3d 753, 755 (6th Cir. 2005), abrogated on
other grounds by Winkelman ex rel. Winkelman v. Parma City. Sch. Dist., 550 U.S. 516, 127 (2007);

see also 28 U.S.C. § 1654 (“In all courts of the United States the parties may plead and conduct their
own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to
manage and conduct causes therein.”) (emphasis added).
Mr. Hare, of course, can pursue his claims on his own behalf, but thus far this case has been
presented as a putative class action. If Mr. Hare wishes to continue pursuing this case with the
intention of certifying a class, he must obtain counsel. See Fed. R. Civ. P. 23(g). Mr. Hare is not
an attorney and therefore cannot represent a class as a pro se litigant. Therefore, the Court will allow
the plaintiff thirty days to find suitable counsel to appear in this case or elect to proceed on an
individual basis. If no new counsel appears for the plaintiff, or Mr. Hare does not file an amended
complaint deleting the class references, the case will be dismissed without prejudice.
Accordingly, it is ORDERED that attorney Mandel I. Allweil’s motion to withdraw as
counsel of record for the plaintiff [dkt. #19] is GRANTED. The appearance of attorney Allweil as
counsel of record for the plaintiff is WITHDRAWN, and attorney Allweil is relieved of any further
responsibility to the Court in this matter.
It is further ORDERED that the plaintiff must find suitable counsel to represent him and the
class in this case or the case will be dismissed without prejudice. The attorney must file an
appearance with the Court on or before December 21, 2015.

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It is further ORDERED that motion hearing set for December 8, 2015 at 2:00 p.m. is
adjourned until further notice of the Court.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge

Dated: November 20, 2015

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on November 20, 2015.
s/Susan Pinkowski
SUSAN PINKOWSKI

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