CalMat Co. v. Old Castle Precast, Inc. et al

Filing 89

ORDER by Magistrate Judge William P. Lynch denying 80 Motion to Withdraw as Attorney. (mej)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO CALMAT CO., Plaintiff, v. CV 16-26 KG/WPL OLDCASTLE PRECAST, INC., KRAFT AMERICAS, L.P., a limited Partnership, RUNE KRAFT, KRAFT AMERICAS HOLDINGS, INC., and JOHN DOES 1-5, Defendants. ORDER DENYING MOTION TO WITHDRAW On December 23, 2016, the Domenici Law Firm, counsel for Kraft Americas Holdings, Inc. (“KAHI”), filed an opposed motion to withdraw as counsel. (Doc. 80.) The motion fails to comply with DNM-LR Civ. 83.8(b) and 83.8(c), and is therefore denied. Specifically, the motion failed to state that “objections must be served and filed within fourteen (14) days from date of service of the motion and that failure to object within this time constitutes consent to grant the motion,” DNM-LR Civ. 83.8(b), and failed to include notice that KAHI “can appear only with an attorney” and that “[a]bsent entry of appearance by a new attorney, any filings made by [KAHI] may be stricken and default judgment or other sanctions imposed,” DNM-LR Civ. 83.8(c). Because the motion failed to comply with the Local Rules, the motion is denied. It is so ordered. ___________________________________ William P. Lynch United States Magistrate Judge A true copy of this order was served on the date of entry--via mail or electronic means--to counsel of record and any pro se party as they are shown on the Court’s docket.

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