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)

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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 -2-

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