Unterreiner et al v. Miller et al

Filing 37

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Motion of John H. Inderwish, Dan Bonifazi and John P. Chubb to Withdraw as Attorneys for Defendants Douglas Miller and F. Ellen Miller (Doc. No. 33 ) is GRANTED. IT IS FURTHER ORDERED that the moving attorneys shall immediately provide copies of this Order to Douglas Miller and F. Ellen Miller. Signed by District Judge Audrey G. Fleissig on 10/21/13. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
RONALD UNTERREINER, et al.,

Plaintiffs,
v.
DOUGLAS MILLER, et al.,
Defendants.

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Case No. 1:13CV00069 AGF

MEMORANDUM AND ORDER

This matter is before the Court on its own motion. Previously, attorneys John H.
Inderwish, Dan Bonifazi and John P. Chubb Counsel for Defendants Douglas Miller and
F. Ellen Miller moved to withdraw as counsel for the Millers in this matter. (Doc. No.
33.) In that motion the attorneys stated that the Millers were in the process of obtaining
counsel and therefore, the Court in its September 30, 2013 order, withheld its ruling on
the motion to withdraw and granted the Millers two weeks through October 15, 2013, to
(1) obtain new counsel, or (2) advise the Court of any objections they may have to the
motion to withdraw. (Doc. No. 34.) In addition, the Court advised Defendants that if
they did not obtain new counsel or object to the motion to withdraw or otherwise respond
to the Court’s order that they would proceed pro se in this litigation until such time as
they obtained new counsel.
As of the date of this Order, the Millers have filed no response to the Court’s
September 30, 2013 Order and the time to do so has expired. Therefore, Douglas Miller
and F. Ellen Miller shall proceed pro se in this litigation until such time as they obtain

counsel. Defendants are reminded that as pro se litigants they will be required to comply
with the Federal Rules of Civil Procedure and the Local Rules of this Court. See United
States v. Green, 691 F.3d 960, 965-66 (8th Cir. 2012) (holding that “the right of selfrepresentation is not ‘a license not to comply with relevant rules of procedural and
substantive law’”) (quoting Faretta v. California, 422 U.S. 806, 834 n. 46 (1975)).
Accordingly,
IT IS HEREBY ORDERED that the Motion of John H. Inderwish, Dan Bonifazi
and John P. Chubb to Withdraw as Attorneys for Defendants Douglas Miller and F. Ellen
Miller (Doc. No. 33) is GRANTED.
IT IS FURTHER ORDERED that the moving attorneys shall immediately
provide copies of this Order to Douglas Miller and F. Ellen Miller.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 21st day of October, 2013.

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