American Modern Home Insurance Company v. Thomas et al

Filing 34

MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that attorney Marisa L. Saber's request for leave to withdraw as counsel for defendant Thiemann Real Estate, LLC 31 , is DENIED. IT IS FURTHER ORDERED that defendant Thiemann Real Est ate, LLC, shall answer or otherwise respond to plaintiffs complaint no later than August 26, 2016. IT IS FURTHER ORDERED that, in all other respects, all proceedings in this case are STAYED pending further Order of the Court. IT IS FURTHER ORDERED that the Thomases pro se motions seeking discovery from American Modern Home 24 25 are DENIED AS MOOT. Signed by District Judge Catherine D. Perry on 8/19/16. (EAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
AMERICAN MODERN HOME
INSURANCE COMPANY,
Plaintiff,
v.
AARON THOMAS, et al.,
Defendants.

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No. 4:16 CV 215 CDP

MEMORANDUM AND ORDER
Plaintiff American Modern Home Insurance Company filed this declaratory
judgment action on February 17, 2016, naming Aaron Thomas, Aimee Thomas, and
Thiemann Real Estate, LLC, as defendants. Aaron and Aimee Thomas have
appeared in this action pro se and have answered the complaint. Thiemann,
through counsel, waived service on May 16 but has yet to file its answer. Counsel
for Thiemann entered her appearance in this action on August 15 but filed a “Notice
of Withdrawal” yesterday afternoon.
I ordered counsel for American Modern, counsel for Thiemann, and the
Thomas defendants to personally appear before me today for Rule 16 conference.
Thiemann’s counsel did not appear. At the conference, American Modern’s
counsel stated that steps had been taken to settle this case as to all claims against all
defendants and that he had been in communication with Thiemann counsel and the

Thomas defendants regarding this settlement. The Thomases stated that, at this
stage of the proceedings, they wanted to pursue their defenses through litigation and
indicated their need for the assistance of counsel. At my instruction, the clerk
provided the Thomases with a form used by this Court for indigent parties who wish
to request the appointment of counsel.
In light of the present status of the proceedings, I will order Thiemann to file
its answer to American Modern’s complaint. To the extent Thiemann’s counsel
seeks leave to withdraw through her “Notice of Withdrawal,” I will deny such leave.
Counsel of record will continue to represent Thiemann unless and until other
counsel enters an appearance on its behalf.
In all other respects, I will stay further proceedings in this case for a short time
until the status of legal representation for the Thomases is determined. I will also
deny as moot the Thomases’ current requests for discovery. Disclosure and
discovery will proceed in accordance with the federal rules once this case resumes.
Accordingly,
IT IS HEREBY ORDERED that attorney Marisa L. Saber’s request for
leave to withdraw as counsel for defendant Thiemann Real Estate, LLC [31], is
DENIED.
IT IS FURTHER ORDERED that defendant Thiemann Real Estate, LLC,
shall answer or otherwise respond to plaintiff’s complaint no later than August 26,
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2016.
IT IS FURTHER ORDERED that, in all other respects, all proceedings in
this case are STAYED pending further Order of the Court.
IT IS FURTHER ORDERED that the Thomases’ pro se motions seeking
discovery from American Modern Home [24] [25] are DENIED AS MOOT.

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CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 19th day of August, 2016.

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