Johnson et al v. AT&T Corporation

Filing 70

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs' Motion for Change of Pro-Bono Attorney Motion for Assignment of New Pro-Bono (ECF No. 62) and Andrew Welker's Motion and Memorandum to Withdraw as Counsel for Plaintiffs Carlyn M. J ohnson and Carol Johnson (ECF No. 67) are DENIED without prejudice.IT IS FURTHER ORDERED that, pursuant to the Joint Motion to Set Aside andRevise Case Management Order (ECF No. 65), the parties shall submit a new proposed case management order within ten (10) days for the Court's consideration. Dated this 14th day of January, 2015. ( Response to Court due by 1/24/2015.) Signed by District Judge Ronnie L. White on 1/14/15. (JWJ)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

CARLYN M. JOHNSON and
CAROL J. JOHNSON,
Plaintiffs,
v.
AT&T CORPORATION,
Defendants.

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No. 4:14-CV-697 RLW

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs ' Motion for Change of Pro-Bono Attorney
Motion for Assignment of New Pro-Bono (ECF No. 62) and Andrew Welker' s Motion and
Memorandum to Withdraw as Counsel for Plaintiffs Carlyn M. Johnson and Carol Johnson (ECF
No. 67). The Court held a hearing on Plaintiffs ' Motion on January 6, 2015. (ECF No. 68). The
Court ordered Plaintiffs and Mr. Welker to discuss the possibility of his continued
representation. On January 13, 2005, Mr. Welker filed a status report. (ECF No. 69). Therein,
Mr. Welker stated that he had met with the Plaintiffs. Mr. Welker stated that Plaintiffs remain
dissatisfied with Mr. Welker' s representation but that they wished for Mr. Welker to continue
representing him, rather than to represent themselves. Mr. Welker indicated that he believed that
the lack of trust in the attorney client relationship, as well as differences in opinion regarding the
direction of the case, would make continued representation difficult.
The Court will deny Plaintiffs ' Motion for Change of Pro-Bono Attorney Motion for
Assignment of New Pro-Bono (ECF No. 62) and Andrew Welker' s Motion and Memorandum to
Withdraw as Counsel for Plaintiffs Carlyn M. Johnson and Carol Johnson (ECF No. 67) at this

time. The Court finds that Plaintiffs still want Mr. Welker to continue as their counsel. The
Court further believes that the attorney client relationship is not irrevocably broken. Both
Plaintiffs and Mr. Welker have indicated a willingness to work together to resolve this case.
Accordingly,

IT IS HEREBY ORDERED that Plaintiffs' Motion for Change of Pro-Bono Attorney
Motion for Assignment of New Pro-Bono (ECF No. 62) and Andrew Welker's Motion and
Memorandum to Withdraw as Counsel for Plaintiffs Carlyn M. Johnson and Carol Johnson (ECF
No. 67) are DENIED without prejudice.

IT IS FURTHER ORDERED that, pursuant to the Joint Motion to Set Aside and
Revise Case Management Order (ECF No . 65), the parties shall submit a new proposed case
management order within ten (10) days for the Court' s consideration.
Dated this 14th day of January, 2015.

RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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