Koch v. Morgan & Associates, P.C. of Missouri et al

Filing 10

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the motion to withdraw [#9] is denied without prejudice to being renewed in accordance with the provisions of this Memorandum and Order. Signed by District Judge Catherine D. Perry on January 15, 2015. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PHILIP KOCH,
Plaintiff,
vs.
MORGAN & ASSOC., P.C., of Missouri,
et al.,
Defendants.

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No. 4:14CV1109 CDP

MEMORANDUM AND ORDER
This newly reopened case is before me on defense counsel’s motion to
withdraw as counsel of record for both defendants. The motion will be denied
without prejudice. Counsel seeks to withdraw from representing a corporation,
but a corporate defendant cannot appear in federal court pro se and there is no
indication in counsel’s motion or the docket sheet that substitute counsel will be
entering an appearance in this matter. There is also no indication in the motion
that counsel has advised either of his clients of the consequences of withdrawal
and of self representation. With respect to the corporate defendant, counsel must
advise it that failure to obtain substitute counsel will result in its pleadings being
stricken from the record and a default judgment being entered against it. Finally,
there is no indication whether defendants consent to this motion or requested
termination of the representation. Any renewed motion to withdraw shall include
all this information, as well as a certification by counsel that he served a copy of
this Memorandum and Order and any renewed motion on defendants. If a
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renewed motion for withdrawal is filed, it will then be set for hearing at which
defense counsel will be expected to secure the attendance of Porter Morgan and a
corporate representative of Morgan & Associates, P.C. Mr. Morgan may appear
on his own behalf and as the corporate representative. Until such a renewed
motion is filed, defense counsel remains in this case and obligated to continue
representing his clients. Unless a renewed motion is filed before counsel are
required to confer about the discovery schedule in this case, I expect defense
counsel to participate in the preparation of the proposed case management order
and attend the Rule 16 conference as previously ordered. If, however, a renewed
motion is filed before that date, I will continue the scheduling conference and set
the motion for hearing instead.
Accordingly,
IT IS HEREBY ORDERED that the motion to withdraw [#9] is denied
without prejudice to being renewed in accordance with the provisions of this
Memorandum and Order.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 15th day of January, 2015.

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