Brehm et al v. Engle et al

Filing 256

ORDER that Carl F. Schoeppl's motion to withdraw 251 and David R. Chase's motion to withdraw 253 are held in abeyance. Gerald Parker and Peter Kirschner shall have until 11/7/08 to respond to the motions to withdraw. If no response is received or if substitute counsel has entered an appearance by that date, the motions to withdraw will be granted. If the motions to withdraw are granted and substitute counsel has not entered an appearance, Mr. Parker and/or Mr. Kirschner will be c onsidered proceeding pro se and counsel for the other parties may communicate with Mr. Parker and/or Mr. Kirschner directly regarding this case. Moving counsel shall serve a copy of this order on their clients and file a certificate of such service with the court. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA LYLE BREHM, et al., Plaintiffs, v. GERALD PARKER and PETER KIRSCHNER, et al., Defendants. ) ) ) ) ) ) ) ) ) )

8:07CV254 ORDER

This matter is before the court on the motion of Carl F. Schoeppl and his firm, Schoeppl & Burke, P.A. to withdraw as counsel for the defendant Gerald Parker (Filing No. 251) and the motion of David R. Chase and the Law Office of David R. Chase, P.A. to withdraw as counsel for the defendant Peter Kirschner (Filing No. 253).1 Mr. Schoeppl states there is good cause for the withdrawal and filed an affidavit (Filing No. 252) in support of his motion. Similarly, Mr. Chase states there is good cause for the withdrawal and filed an affidavit (Filing No. 254) in support of his motion. Moving counsel shows they served the motions on their respective clients. The court will afford Mr. Parker and Mr. Kirschner an opportunity to respond to the motions and/or obtain substitute counsel. Accordingly,

IT IS ORDERED: 1. 2. 3. Carl F. Schoeppl's motion to withdraw (Filing No. 251) held in abeyance. David R. Chase's motion to withdraw (Filing No. 253) held in abeyance. Gerald Parker and Peter Kirschner shall have to on or before November 7,

2008, to respond to the motions to withdraw by filing a brief with the Clerk of Court. If no response is received or if substitute counsel has entered an appearance by that date, the

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motions to withdraw will be granted. If the motions to withdraw are granted and substitute counsel has not entered an appearance, Mr. Parker and/or Mr. Kirschner will be considered proceeding pro se and counsel for the other parties may communicate with Mr. Parker and/or Mr. Kirschner directly regarding this case. 3. Moving counsel shall serve a copy of this order on their clients and file a

certificate of such service with the court. DATED this 6th day of October, 2008. BY THE COURT: s/Thomas D. Thalken United States Magistrate Judge

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