Veritas AG et al v. General Motors LLC

Filing 21

ORDER Granting In Part 18 Motion to Withdraw as Plaintiffs' Counsel and Directing Plaintiffs to Show Cause Why Case Should Not Be Dismissed. Signed by District Judge Susan K. DeClercq. (LVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
VERITAS AG and
VERITAS THURINGEN GMBH,
Plaintiffs,
v.

Case No. 2:23-cv-13312
Honorable Susan K. DeClercq
United States District Judge

GENERAL MOTORS LLC,
Defendants.
______________________________________/
ORDER GRANTING IN PART MOTION TO WITHDRAW AS
PLAINTIFFS’ COUNSEL AND DIRECTING PLAINTIFFS TO SHOW
CAUSE WHY CASE SHOULD NOT BE DISMISSED
Plaintiffs’ counsel, the Miller Law Firm, “represents and certifies to the Court
that good grounds for withdrawal exist under one or more of the grounds specified
in Michigan Rule of Professional Conduct 1.16.” ECF No. 18 at PageID.414.
Upon review, the motion to withdraw will be granted. This, however, leaves
Plaintiffs as a German corporation and a German LLC proceeding in federal court
without an attorney, which is not permitted. Olagues v. Timken, 908 F.3d 200, 203
(6th Cir. 2018) (“[U]nder longstanding tradition, a corporation can only appear by
an attorney.” (quotation marks omitted) (quoting Bass v. Leatherwood, 788 F.3d
228, 230 (6th Cir. 2015))); accord SEC v. Merklinger, 489 F. App’x 937, 939–40

(6th Cir. 2012) (citing Taylor Steel, Inc. v. Keeton, 417 F.3d 598, 603 (6th Cir.
2005)). Plaintiffs must retain new counsel to continue.
Accordingly, it is ORDERED that Plaintiffs’ Counsel’s Motion to Withdraw,
ECF No. 18, is GRANTED IN PART to the extent that it seeks withdrawal of
counsel and DENIED IN PART in all other respects.
Further, it is ORDERED that, on or before May 31, 2024, Plaintiffs are
DIRECTED to have new counsel file an appearance in the case or to show cause in
writing why the case should not be dismissed for lack of attorney representation. If
Plaintiffs fail their obligations, the case will be dismissed under Civil Rule 41(b).
Further, it is ORDERED that the Scheduling Conference currently set for
May 21, 2024, at 10:30 AM ET is CANCELED. It will be rescheduled following
Plaintiff’s response to the Order to Show Cause.
Further, it is ORDERED that Plaintiffs’ current counsel is DIRECTED to
serve a copy of this order on Plaintiffs in full compliance with Civil Rule 4(h) and
Michigan Court Rule 2.105(D).
Further, it is ORDERED that the Miller Law Firm is WITHDRAWN as
Plaintiffs’ counsel and will no longer receive notifications for this case.
This order does not close the above-captioned case.
Dated: 4/9/2024

/s/Susan K. DeClercq
SUSAN K. DeCLERCQ
United States District Judge
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