Jo Ann Howard and Associates, P.C. et al v. Cassity et al

Filing 1366

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that counsel's Motion and Memorandum to Withdraw as Counsel for Defendants David R. Wulf and Wulf Bates & Murphy, Inc. [ECF No. 1356 ] is GRANTED. Defendants David R. Wulf and Wulf Bates & Murphy, Inc. are hereby notified they have thirty (30) days from entry of this Order to employ successor civil counsel to represent them in this matter. IT IS FURTHER ORDERED that counsel and parties shall confer and advise the Court concerning the scheduling of depositions, in accordance with this Memorandum and Order. Signed by District Judge E. Richard Webber on January 3, 2014. (Mailed to David R. Wulf, 2714 Hillcroft, Dr., Chesterfield, MO 63017) (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JO ANN HOWARD &
ASSOCIATES, P.C., et al.,
Plaintiffs,
vs.
J. DOUGLAS CASSITY, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No. 4:09CV01252 ERW

MEMORANDUM AND ORDER
This matter comes before the court upon the parties’ request for a teleconference to
discuss scheduling depositions of defendants whose designation to the Federal Bureau of Prisons
is pending, and upon the “Motion and Memorandum to Withdraw as Counsel for Defendants
David R. Wulf and Wulf Bates & Murphy, Inc.” [ECF No. 1356].
On January 3, 2014, the Court conducted the requested teleconference, with the following
parties participating through counsel or pro se: Larry Pozner and Daniel Reilly (appearing on
behalf of plaintiffs); Jonathan Andres (appearing on behalf of Wulf defendants); J. Douglas
Cassity (pro se); Brent D. Cassity (pro se); Seong Yon Lee and Deirdre Gallagher (appearing on
behalf of Tyler J. Cassity); Adam Goffstein (appearing on behalf of Katherine P. Scannell); Paul
Simon, Jr. (appearing on behalf of Wittner defendants); Steven Cohen (appearing on behalf of
Roxanne Schnieders); Christopher LaRose (appearing on behalf Marshall & Isley Trust Company
and Southwest Bank); Sandra Wunderlich and Andrew Scavotto (appearing on behalf of U.S.
Bank); Andrew Keyes (appearing on behalf of National City Bank and PNC Bank); W. Perry

Brandt (appearing on behalf of Bank of America); Harry Arger (appearing on behalf of Comerica
Bank and Trust); Steven Hughes (appearing on behalf of Brown Smith Wallace); and Gary
Sarachan (appearing on behalf of Richard Markow).
During the teleconference, the parties indicated an issue before the Court concerned
whether the defendants whose designation to the Federal Bureau of Prisons would be required to
submit to deposition prior to their designated surrender dates. After hearing arguments, the
Court ruled it would be impractical to depose those defendants before their known surrender
dates. Attending counsel and parties announced they will confer and attempt to schedule
depositions of the parties, excluding those designated to the Bureau of Prisons, under the Court’s
current scheduling order. As to the depositions of the designated defendants, counsel will
provide the Court with the identification of the attorneys expecting to be present at each
deposition in person, by telephone connection, or by video connection, for each incarcerated
defendant. The parties will confer and advise the Court of the Bureau of Prisons’ location for
each incarcerated defendant. The Court will confer with the Bureau of Prisons officials to
determine a procedure for deposing incarcerated defendants.
At the conclusion of the teleconference, the Court heard argument on the pending
“Motion and Memorandum to Withdraw as Counsel for Defendants David R. Wulf and Wulf
Bates & Murphy, Inc.” For good cause shown, counsel shall be permitted to withdraw.
Defendants David R. Wulf and Wulf Bates & Murphy, Inc. are hereby notified they have thirty
(30) days from entry of this Order to employ successor civil counsel to represent them in this
matter.
Accordingly,
2

IT IS HEREBY ORDERED that counsel’s “Motion and Memorandum to Withdraw as
Counsel for Defendants David R. Wulf and Wulf Bates & Murphy, Inc.” [ECF No. 1356] is
GRANTED. Defendants David R. Wulf and Wulf Bates & Murphy, Inc. are hereby notified
they have thirty (30) days from entry of this Order to employ successor civil counsel to represent
them in this matter.
IT IS FURTHER ORDERED that counsel and parties shall confer and advise the Court
concerning the scheduling of depositions, in accordance with this Memorandum and Order.
Dated this 3rd

day of January, 2014.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

3