EEOC
Filing
894
ORDER - The Motion to Withdraw as Counsel for Certain Farhan Abdi, et al. Plaintiff-Intervenors (Filing No. 893 ) is granted. Upon CAIR-Chicago's submission of proof of service as described in Paragraph 2 of this Order, the Clerk of Court shall terminate Mr. Robertson and CAIR-Chicago's appearance as counsel for the plaintiff-intervenors named in Paragraph 2. Ordered by Magistrate Judge F.A. Gossett. (GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
Plaintiff,
ABDI MOHAMED, ET AL.,
Plaintiffs/Intervenors,
FARHAN ABDI, ET AL.,
Plaintiffs/Intervenors,
v.
JBS USA, LLC,
Defendant.
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8:10CV318
ORDER
This matter comes before the court on the Motion to Withdraw as Counsel for
Certain Farhan Abdi, et al. Plaintiff-Intervenors (Filing No. 893) filed by Phillip J.
Robertson at CAIR-Chicago.
In support of this motion, Mr. Robertson states CAIR-Chicago has attempted to
contact certain plaintiff-intervenors for the past several months through mailings at their
last known addresses, and/or phone calls to their last known phone numbers to obtain their
current mailing address or an e-mail address, with no responses.
Additionally,
CAIR-Chicago has attempted to communicate with these plaintiff-intervenors regarding
discovery requests that were propounded by Defendant in January 2017. The requests
were mailed to all of the plaintiff-intervenors several weeks ago, but after repeated phone
calls and messages, CAIR-Chicago has not received any discovery responses in return.
Due to these plaintiff-intervenors’ failures to maintain contact and to respond to counsel’s
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communications, Mr. Robertson and CAIR-Chicago request leave to withdraw as attorney
of record for the following plaintiff-intervenors: 1) Farah M. Farah (f/k/a Hassan Duwane);
2) Nimo Mohamed; 3) Farhan Abdi; 4) Rahma Mohamed Abdi; 5) Abdirizaq Abdulle; 6)
Said Ali Ahmed; 7) Yasin Ahmed; 8) Yusuf Dulane; 9) Amina Farah; 10) Saynab Farah;
11) Amina Gelle; 12) Abdighani Muse; and 13) Mukhtar Omar. CAIR-Chicago sent a
letter in English and Somali via Certified Mail on March 6, 2017, to each of the thirteen
above-named individuals informing them of this Motion to Withdraw, together with a copy
of the Motion. Under these circumstances, the court finds the motion to withdraw should
be granted. Accordingly,
IT IS ORDERED:
1.
The Motion to Withdraw as Counsel for Certain Farhan Abdi, et al.
Plaintiff-Intervenors (Filing No. 893) is granted.
2.
CAIR-Chicago shall immediately serve copies of this Order on 1) Farah M.
Farah (f/k/a Hassan Duwane); 2) Nimo Mohamed; 3) Farhan Abdi; 4) Rahma Mohamed
Abdi; 5) Abdirizaq Abdulle; 6) Said Ali Ahmed; 7) Yasin Ahmed; 8) Yusuf Dulane; 9)
Amina Farah; 10) Saynab Farah; 11) Amina Gelle; 12) Abdighani Muse; and 13) Mukhtar
Omar, and thereafter file proof of service showing compliance with this Order, listing the
name and address of the person to whom notice was sent. CAIR-Chicago and Mr.
Robertson will not be relieved of applicable duties to the Court, the above-named
plaintiff-intervenors, and opposing counsel, until proof of service is filed.
3.
Upon the filing of proof of service pursuant to Paragraph 2 of this Order, the
plaintiff-intervenors named in Paragraph 2 will be deemed to be proceeding pro se, that is,
without the assistance of counsel, unless substitute counsel has entered a written
appearance on her behalf. If substitute counsel has not entered a written appearance, the
above-named plaintiff-intervenors shall each file a written notice with the Clerk of the
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Court of their current address and telephone number within five (5) business days of being
served with this Order. The above-named plaintiff-intervenors may retain substitute
counsel at any time. However, until such time as substitute counsel enters a written
appearance, the plaintiff-intervenors shall comply with all orders of this Court, the Federal
Rules of Civil Procedure, and the Local Rules of Practice. Failure to comply with these
requirements may result in the imposition of sanctions, including payment of costs and
attorney’s fees and/or the entry of default.
4.
Upon CAIR-Chicago’s submission of proof of service as described in
Paragraph 2 of this Order, the Clerk of Court shall terminate Mr. Robertson and
CAIR-Chicago’s appearance as counsel for the plaintiff-intervenors named in Paragraph 2.
DATED: March 7, 2017.
BY THE COURT:
s/ F.A. Gossett, III
United States Magistrate Judge
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