Mehner Family Trust et al v. Department of Homeland Security et al

Filing 21

MEMORANDUM AND ORDER granting 20 Motion to Withdraw as Attorney filed by Christopher A. Pfanstiel and the firm of Lewis, Pfanstiel & Williams, PC, LLO. Mr. Pfanstiel shall serve a copy of this order on the plaintiffs and file a certificate of serv ice stating he has done so. Plaintiffs Raymond H. Mehner, Barbara A. Mehner, Mark A. Mehner, Andrea L. Mehner, and Anthony Q. Mehner are given 20 days from the date of this order in which to either: (1) obtain the services of substitute counsel and have that attorney file an appearance on their behalf; or (2) file a statement informing the court of their intent to proceed in this case without counsel. Plaintiff Mehner Family Trust is given 20 days from the date of this order to obtain the serv ices of substitute counsel and have that attorney file an appearance on its behalf. As to each plaintiff, absent timely compliance with this order, this case is subject to dismissal. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ) Modified on 6/25/2010 (CRZ, ).

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IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA M E H N E R FAMILY TRUST, a N e b ra s k a Revocable Trust, RAYMOND H . MEHNER, BARBARA A. M E H N E R , MARK A. MEHNER, A N D R E A L. MEHNER, and A N T H O N Y Q. MEHNER, P l a i n t if f s , v. D E P A R T M E N T OF HOMELAND S E C U R IT Y , et. al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 4 :1 0 C V 3 0 0 9 M E M O R A N D U M AND ORDER C itin g Rule 1.16(b) of the Nebraska Rules of Professional Conduct, plaintiffs' counsel o f record, Christopher A. Pfanstiel and the firm of Lewis, Pfanstiel & Williams, PC, LLO, h a s moved to withdraw. Filing No. 20. The case is in the very early stages of litigation. The c o u rt finds the motion to withdraw should be granted. IT IS ORDERED: 1. T h e motion to withdraw filed by Christopher A. Pfanstiel and the firm of L ew is, Pfanstiel & Williams, PC, LLO, (filing no. 20), is granted. Mr. P f a n stie l shall promptly mail a copy of this order to the plaintiffs, and file a c e rtif ic a te of service stating he has done so. P la in tif f s Raymond H. Mehner, Barbara A. Mehner, Mark A. Mehner, Andrea L . Mehner, and Anthony Q. Mehner are given 20 days from the date of this o rd e r in which to either: (1) obtain the services of substitute counsel and have th a t attorney file an appearance on their behalf; or (2) file a statement in f o rm in g the court of their intent to proceed in this case without counsel. If n e ith e r of these actions is taken within the next 20 days, as to plaintiffs R a ym o n d H. Mehner, Barbara A. Mehner, Mark A. Mehner, Andrea L. M e h n e r, and Anthony Q. Mehner, this case will be subject to dismissal. 2. 3. P la in tif f Mehner Family Trust cannot litigate its action in this forum without re p re se n ta tio n by licensed counsel. Knoefler v. United Bank of Bismarck, 20 F .3 d 347, 347-48 (8th Cir. 1994). Plaintiff Mehner Family Trust is given 20 d a ys from the date of this order to obtain the services of substitute counsel and h a v e that attorney file an appearance on its behalf, in the absence of which this c a se is subject to dismissal. D A T E D this 25 th day of June, 2010. B Y THE COURT: s/ Cheryl R. Zwart United States Magistrate Judge -2-

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