HM Compounding Services LLC et al v. Express Scripts, Inc.

Filing 215

MEMORANDUM AND ORDER: Accordingly, IT IS HEREBY ORDERED that the Motion to Withdraw as Counsel [ #211 ] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs Motion for Temporary Stay of Discovery and Deadlines [ #213 ] is GRANTED in part. Discovery and all deadlines in this matter are stayed for thirty (30) days, up to and including Friday, December 18, 2015. Signed by District Judge John A. Ross on 11/18/15. (JAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

HM COMPOUNDING SERVICES, LLC,
and HMX SERVICES, LLC,
Plaintiffs,
v.
EXPRESS SCRIPTS, INC.,
Defendant.

)
)
)
)
)
)
)
)
)
)

No. 4:14-CV-1858 JAR

MEMORANDUM AND ORDER
This matter is before the Court on the Motion to Withdraw as Counsel filed by Winthrop
B. Reed, III, Richard B. Walsh, Jr., R. Taylor Matthews III, Oliver H. Thomas, and the law firm
of Lewis Rice LLC (collectively “Counsel”) (Doc. No. 211) and Plaintiffs’ Motion for
Temporary Stay of Discovery and Deadlines. (Doc. No. 213) Counsel moves to withdraw as
counsel of record for Plaintiffs HM Compounding Services, LLC and HMX Services, LLC, and
requests the Court stay discovery and all pending deadlines for sixty (60) days to allow Plaintiffs
sufficient time to engage substitute counsel.
The Court will grant Counsel’s motion to withdraw. However, the Court reminds HM
Compounding Services, LLC and HMX Services, LLC that they cannot represent themselves
because they are corporations. See Ackra Direct Mktg. Corp. v. Fingerhut Corp., 86 F.3d 852,
867-57 (8th Cir. 1996) (corporate defendant was technically in default on date court allowed
counsel to withdraw because a corporation cannot proceed pro se). The failure to retain new
counsel may cause the Court to dismiss this action without prejudice. The Court will grant
Plaintiffs’ motion for temporary stay in part and stay discovery and all pending deadlines for
1

thirty (30) days to allow Plaintiffs to retain new counsel.
Accordingly,
IT IS HEREBY ORDERED that the Motion to Withdraw as Counsel [211] is
GRANTED.
IT IS FURTHER ORDERED that Plaintiffs’ Motion for Temporary Stay of Discovery
and Deadlines [213] is GRANTED in part. Discovery and all deadlines in this matter are stayed
for thirty (30) days, up to and including Friday, December 18, 2015.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE
Dated this 18th day of November, 2015.

-2-