Mixing & Mass Transfer Technologies, LLC v. HDR Engineering, Inc. et al

Filing 83

MEMORANDUM AND ORDER granting 82 Motion to Withdraw as Attorney.1) The motion to withdraw filed by Cline Williams Wright Johnson & Oldfather, LLP and its attorneys, Richard P. Jeffries, Mary Ann Novak and Michelle L. Sitorius, as counsel of re cord for Plaintiffs Mixing & Mass Transfer Technologies, LLC and Peter Kos (filing no. 82 ), is granted.2) On or before January 28, 2013, Plaintiff Peter Kos shall either: (a) obtain the services of counsel and have that attorney file an appearance in this case; or (b) file a statement notifying the court of his intent to litigate this case without the assistance of counsel. The failure to do so may result in a dismissal of Plaintiff Kos' claims with prejudice and without furthe r notice. 3) Plaintiff Mixed & Massed Transfer Technologies, LLC, a limited liability company, cannot litigate its action in this forum without representation by licensed counsel. On or before January 28, 2013, it shall obtain the service s of counsel and have that attorney file an appearance on its behalf, in the absence of which the court may dismiss Plaintiff Mixed & Massed Transfer Technologies, LLCs claims with prejudice and without further notice. Ordered by Magistrate Judge Cheryl R. Zwart. (Copies mailed as directed)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MIXING & MASS TRANSFER
TECHNOLOGIES, LLC, PETER KOS,
Ph.D.;

4:11CV3068

Plaintiffs,
MEMORANDUM AND ORDER
vs.
HDR, INC., CITY OF LINCOLN,
Nebraska; and HDR ENGINEERING, Inc.;
Defendants.
After conferring with counsel, and mindful that this case has been pending for over
a year with substantial court and counsel resources already expended herein,
IT IS ORDERED:
1)

The motion to withdraw filed by Cline Williams Wright Johnson &
Oldfather, LLP and its attorneys, Richard P. Jeffries, Mary Ann Novak and
Michelle L. Sitorius, as counsel of record for Plaintiffs Mixing & Mass
Transfer Technologies, LLC and Peter Kos (filing no. 82), is granted.

2)

On or before January 28, 2013, Plaintiff Peter Kos shall either: (a) obtain
the services of counsel and have that attorney file an appearance in this
case; or (b) file a statement notifying the court of his intent to litigate this
case without the assistance of counsel. The failure to do so may result in a
dismissal of Plaintiff Kos’ claims with prejudice and without further
notice.

3)

Plaintiff Mixed & Massed Transfer Technologies, LLC, a limited liability
company, cannot litigate its action in this forum without representation by
licensed counsel. Knoefler v. United Bank of Bismarck, 20 F.3d 347, 34748 (8th Cir. 1994). On or before January 28, 2013, it shall obtain the
services of counsel and have that attorney file an appearance on its behalf,
in the absence of which the court may dismiss Plaintiff Mixed & Massed
Transfer Technologies, LLC’s claims with prejudice and without further
notice.

4)

The clerk shall mail a copy of this order to the plaintiffs at:
John R. McWhirter, Ph.D., President
Mixing & Mass Transfer Technologies, LLC
101 Blackberry Lane
Boalsburg, PA 16827

Peter Kos, Ph.D.
68 Russell Street
Sunderland, MA 01375

December 27, 2012.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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