Carpenters District Council of Greater St. Louis and Vicinity et al v. RK Builders, Inc.

Filing 23

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Brian C. Hey's Motion to Withdraw (ECF No. 22 ) is DENIED without prejudice. Signed by District Judge Ronnie L. White on 8/31/2016. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CARPENTERS ' DISTRICT COUNCIL OF
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GREATER ST. LOUIS AND VICINITY, et al. , )
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Plaintiffs,

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vs.

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Case No. 4:15-CV-435-RLW

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RK BUILDERS, INC. ,

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Defendant.

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MEMORANDUM AND ORDER

This matter is before the Court on Brian C. Hey' s Motion to Withdraw (ECF No. 22). Mr.
Hey claims that RK Builders has failed to make the required payments to Plaintiffs pursuant to the
Stipulation for Entry of Consent Judgment.

Mr. Hey contends that he has completed the

assignment with RK Builders for which he was engaged, and Mr. Hey has not agreed to handle any
post-judgment collection matters. Mr. Hey states that he notified RK Builders of his intention to
withdraw from the case for alleged non-payment of funds on August 19, 2016, and RK Builders
agreed that he should withdraw from this matter. Mr. Hey asks this Court to enter an Order: (a)
allowing Mr. Hey and his firm to withdraw as counsel, (b) relieving Mr. Hey of any further
obligations on behalf of RK Builders; and (c) directing all future pleadings, motions, discovery,
and any other communications concerning this matter to RK Builders.
The Court notes that it entered a Stipulation for Entry of Consent Judgment (ECF No. 12)
on September 9, 2015 . This case is closed and there is nothing currently pending before the
Court. As a result, the Court believes that Mr. Hey' s motion should be denied as moot. In any
event, the Court is not inclined to grant Mr. Hey' s motion, which would effectively require RK
Builders, Inc. to proceed without counsel. See Ackra Direct Mktg. Corp. v. Fingerhut Corp., 86

F.3d 852, 857 (8th Cir. 1996) (citing 28 U.S.C. § 1654; United States v. Van Ste/ton, 988 F.2d 70,
70 (8th Cir. 1993)) ("the law does not allow a corporation to proceed prose"). Finally, the Court
has no knowledge regarding Mr. Hey's obligations to his client and whether those obligations have
been fulfilled. The Court cannot affirmatively relieve Mr. Hey of any further obligation on behalf
ofRK Builders when the Court has no first-hand knowledge of their agreement for representation.
For all of the foregoing reasons, the Court denies Mr. Hey's motion without prejudice.

According! y,

IT IS HEREBY ORDERED that Brian C. Hey's Motion to Withdraw (ECF No. 22) is
DENIED without prejudice.

Dated this 3 lst day of August, 2016.

W~/-~
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE