KCA Penland Holdings Corp v. Great Lakes Directional Drilling, Inc.

Filing 15

ORDER re 14 MOTION to Withdraw as Attorney. It is Ordered that a Response stating Defendant's consent, or opposition shall be filed by 12/19/16; parties shall file their mediation report, or seekadditional time to do so by 12/19/16. Signed by Magistrate Judge David Keesler on 12/12/2016. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:14-CV-175-RLV-DCK
KCA PENLAND HOLDINGS CORP.,
Plaintiff,
v.
GREAT LAKES DIRECTIONAL
DRILLING, INC.,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on the “Motion To Withdraw As Counsel
For Great Lakes Directional Drilling, Inc.” (Document No. 14) filed December 9, 2016. This
motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and
immediate review is appropriate.
The “Motion To Withdraw As Counsel…” (Document No. 14) does not include written
consent of the client. See Local Rule 83.1(F). Instead, counsel states that Defendant “has not
articulated any objection to the withdrawal.” (Document No. 14, p.3). As such, Defendant’s
position on its attorney’s request is unclear. Therefore, the Court will direct Defendant to file a
response to the “Motion To Withdraw As Counsel…” (Document No. 14) describing its position
on Ms. Reschly’s motion to withdraw.
Until otherwise ordered, Marla T. Reschly and K&L Gates LLP shall continue as counsel
for Defendant. Ms. Reschly shall promptly deliver a copy of this Order to her client and shall
confer with Defendant regarding the contents of this Order.
The undersigned notes that corporate defendants, such as Great Lakes Directional
Drilling, Inc., are not permitted to proceed without counsel. See Rowland v. Cal. Men’s Colony,

Unit II Men’s Advisory Council, 506 U.S. 194, 201–02 (1993) (“It has been the law for the better
part of two centuries, for example, that a corporation may appear in the federal courts only through
licensed counsel.”) (citations omitted); see also MR Crescent City, LLC v. TJ Biscayne Holdings
LLC, 2013 WL 1243541, at **1 (4th Cir. March 28, 2013) (citing United States v. Hagerman,
545 F.3d 579, 581–82 (7th Cir. 2008) (LLCs, like corporations, are not permitted to proceed pro
se). As such, Defendant must resolve its dispute with current counsel and/or retain new counsel.
In addition, the undersigned notes that the parties were required to file a report on the
results of mediation no later than August 31, 2016. (Document No. 10, p.4). To date, no report
has been filed. The undersigned further notes that the “Pretrial Order And Case Management
Plan” states that “[f]ailure to comply with any of the provisions of this Order which causes added
delay or expense to the Court may result in the imposition of sanctions as provided by the Federal
Rules of Civil Procedure (“the Rules”)”. (Document No. 10, p.8).
This matter is currently scheduled for bench trial on January 9, 2017. If the parties
require additional time to file a mediation report and/or to prepare for trial, they shall immediately
file an appropriate motion. The Court will not extend the trial date beyond March 2017.
IT IS, THEREFORE, ORDERED that a response stating Defendant’s consent, or
opposition, to the “Motion To Withdraw As Counsel For Great Lakes Directional Drilling, Inc.”
(Document No. 14) shall be filed with the Court on or before December 19, 2016.
IT IS FURTHER ORDERED that the parties shall file their mediation report, or seek
additional time to do so, on or before December 19, 2016.
Signed: December 12, 2016

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