Brown v. The Professional Group et al

Filing 38

ORDER Granting in Part 35 Plaintiff's Motion for Order Allowing Limited Appearance. Signed by Magistrate Judge Curtis Ivy, Jr. (MacKay, K)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
VIRENE BROWN,
Plaintiff,
v.
THE PROFESSIONAL GROUP,

Case No. 20-11466
Nancy G. Edmunds
United States District Judge
Curtis Ivy, Jr.
United States Magistrate Judge

Defendant.
______________________________/
ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR ORDER
ALLOWING LIMITED APPEARANCE (ECF No. 35)
Plaintiff Virene Brown filed this civil rights suit on May 21, 2020 without
assistance of counsel. (ECF No. 1). Plaintiff moved for entry of an order
permitting attorney Michael J. Sharpe to file a limited appearance on Plaintiff’s
behalf. (ECF No. 35). Defendant responded (ECF No. 36) and Plaintiff replied
(ECF No. 37).
In Plaintiff’s motion, she asks that the Court allow Mr. Sharpe to appear and
provide limited representation on her behalf in “all matters including but not
limited to depositions, hearings, discovery, and motion practice.’’ (ECF No. 35,
PageID.268). In response, Defendant notes that while they do not oppose the
limited appearance, Plaintiff’s motion violates local rules because Mr. Sharpe
failed to “specifically identify” the components of the action in which he will
appear. Defendant contends that unless Mr. Sharpe narrows the scope of his open-

ended limited appearance, Plaintiff’s motion should be denied. (ECF No. 36,
PageID.275).
Local Rule 83.25 governs an attorney’s appearance and provides in pertinent
part:
(1) After obtaining leave of court, or for unrepresented parties obtaining
assistance through the court-approved pro se law clinic, an attorney may
appear on behalf of an unrepresented party in a civil action for limited
purposes, including, but not limited to, depositions, hearings, discovery, and
motion practice, if the following conditions are satisfied:
(A) The attorney e-files a notice of limited appearance before
appearing in the action in any capacity;
(B) The notice of limited appearance specifically identifies the
components of the action in which the attorney will appear; and
(C) The limited representation is reasonable under the circumstances.
(2) An attorney who has filed a notice of limited appearance must restrict
activities in accordance with the notice or any amended notice of limited
appearance
E.D. Mich. L.R. 83.25(c) (emphasis added). Mr. Sharpe did e-file his notice of
limited appearance and his appearance on behalf of Plaintiff would be reasonable
under the circumstances. That said, Mr. Sharpe’s notice does not specifically
identify the components of this litigation in which he will appear. While Mr.
Sharpe notes he will appear in “depositions, hearings, discovery, and motion
practice,” he leaves the door open to appear in other matters by noting he would
appear in “all matters including but not limited to” the listed components. (ECF
No. 35, PageID.268) (emphasis added). Under the Local Rules, counsel who wish
to provide limited representation must limit and specifically identify the
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components of the action in which they will appear. E.D. Mich. L.R.
83.25(c)(1)(B). Mr. Sharpe’s notice of limited appearance is improper because the
notice is unlimited.
That said, Mr. Sharpe’s limited appearance on behalf of the pro se Plaintiff
is reasonable under the circumstances. Mr. Sharpe did identify a few matters in
which he would appear. So he may appear in the matters specifically identified in
the notice. If he wishes to appear in other matters, he may file an amended notice
of limited appearance. For these reasons, Plaintiff’s motion for order allowing
limited appearance (ECF No. 35) is GRANTED IN PART. Michael J. Sharpe
may provide limited representation on behalf of Plaintiff Virene Brown in
depositions, hearings, discovery, and motion practice.
IT IS SO ORDERED.
Review of this Order is governed by Federal Rule of Civil Procedure 72 and
Local Rule 72.1.

Date: July 14, 2022

s/Curtis Ivy, Jr.
Curtis Ivy, Jr.
United States Magistrate Judge
CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served upon
counsel of record and any unrepresented parties via the Court’s ECF System to
their respective email or First-Class U.S. mail addresses disclosed on the Notice of
Electronic Filing on July 14, 2022.
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s/Kristen MacKay
Case Manager
[phone]

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