TS Holdings, Inc. et al v. Schwab

Filing 86

ORDER. Attorney Arnold S. Weintraub is permitted to withdraw as Plaintiff Thomas's counsel. TS Holdings, Inc. is dismissed with prejudice from this case. Signed by District Judge Mark A. Goldsmith. (PMil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TS HOLDINGS, INC., ET AL,
Plaintiffs,
v

Case No. 09-CV-13632
HON. MARK A. GOLDSMITH

BARRY SCHWAB, ET AL,
Defendants.
________________________/
ORDER
On December 16, 2011, the Court granted Defendant Schwab's motion for summary
judgment, granted Plaintiff's counsel Nabi Ayad's motion to withdraw, and ordered that the
parties shall submit supplemental memoranda on the issue of sanctions. At the motion hearing
held on October 12,2011, the Court had informed Plaintiff Thomas directly that if the Court
granted Ayad's motion to withdraw, Plaintiff Thomas would have 21 days to retain new counsel,
or Plaintiff Thomas would be deemed to be proceeding pro se. Because no new counsel has
filed an appearance on behalf of Plaintiff Thomas, Plaintiff Thomas is deemed to be proceeding
pro se. Because Plaintiff Thomas is not attached to the CM/ECF system, all papers shall be
served on him by first-class U.S mail at the address he placed on the record at the October 12,
2011 hearing: 5745 Wyoming Street, Dearborn, Michigan 48126.
Further, it has come to the Court's attention that Plaintiff Thomas's former counsel
Arnold Weintraub did not properly submit a proposed stipulated order withdrawing from the
case and dismissing TS Holdings, Inc. as a party in this case. According to the docket, Weintraub
is still an attorney of record, and TS Holding's Inc. is still a party to this litigation.

The Court also observes that Defendant Schwab's attorney fee brief (Dkt. 82) did not
specify the allocation of sanctions he contends should be applied to Plaintiff Thomas and to each
former counsel, if any. Nor is it clear that this brief was served on Plaintiff, Ayad and Weintraub.
For the foregoing reasons, it is ordered that:
1. TS Holdings, Inc. is dismissed with prejudice from the case.
2. Weintraub is permitted to withdraw as Plaintiff Thomas's counsel, however he remains
subject to the jurisdiction of the Court for potential sanctions.
3. Plaintiff Thomas is deemed to be proceeding pro se and shall be served at the address
stated above by regular mail.
4. Ayad and Weintraub are to be designated in the CM/ECF system as non-case
participants in this case pending resolution of the issue of sanctions.
5. Defendant Schwab shall serve on Plaintiff Thomas, Ayad and Weintraub his attorney
fee brief (Dkt. 82) on or before February 24, 2012. He shall also serve and file a supplemental
memorandum, specifying and justifying the allocation of sanctions among Plaintiff Thomas,
Ayad and Weintraub on or before March 2, 2012. Plaintiff Thomas, Ayad and Weintraub shall
file and serve on each other and on Defendant Schwab their responses to the attorney fee brief
and supplemental memorandum on or before March 16, 2012. The supplemental memorandum
is limited to five pages (exclusive of attachments); responses are limited to 10 pages (exclusive
of attachments).
6. The Clerk of the Court is directed to enter Plaintiff's former counsels as "non-case
participants" on the CM/ECF system.

SO ORDERED.

Dated: February 22, 2012
Flint, Michigan

s/Mark A. Goldsmith
MARK A. GOLDSMITH
United States District 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 February 22, 2012.
s/Deborah J. Goltz
DEBORAH J. GOLTZ
Case Manager