Williams v. White et al

Filing 76

ORDER denying 75 MOTION to Withdraw . ( Telephone Conference set for 5/19/2022 01:00 PM in Chambers before Senior Judge Graham Mullen.). FURTHER ORDERED that Counsel for Defendant shall MAKE ALL NECESSARY ARRANGEMENTS for Plaintiff to be present at the telephonic hearing. Signed by Senior Judge Graham Mullen on 5/9/2022. (ef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:19-CV-00044-GCM
EDWARD WILLIAMS III,
Plaintiff,
v.

ORDER

ARTHUR SICIAK,
Defendant.

THIS MATTER comes before the Court on the Motion to Withdraw by Plaintiff (ECF
No. 75). Counsel for the Plaintiff seek an Order allowing them to withdraw as attorneys of record,
stating only that the Plaintiff and his attorneys are “in disagreement with the direction that the case
should take going forward” and that Plaintiff “wishes to engage other counsel.” ECF No. 75 at 1.
This motion does not comply with the local rules. The relevant rule states:
[C]ounsel seeking to withdraw must file written consent of their client to
their withdrawal, which shall become effective only upon Court approval.
Absent the client’s consent, withdrawal may be obtained by filing a motion
to withdraw, showing good cause for the withdrawal. The motion must
include the client’s last known address.
Local Civil Rule 83.1(f). Counsel’s motion does not include written consent by the client. Nor
does it show “good cause,” aside from a single vague sentence. See N.C. Rules of Pro. Conduct r.
1.16(b) (outlining when a lawyer may withdraw). Finally, the motion does not include a last known
address for the client.1

1

This defect is more technical than the others, as the Court is aware that Plaintiff is incarcerated
at Pender Correctional Institution.

Case 5:19-cv-00044-GCM Document 76 Filed 05/09/22 Page 1 of 2

The motion will be denied without prejudice for failure to comply with the local rules.
Counsel shall file another motion that includes the requisite details. The Court will also convene a
telephonic status conference to consider the motion, keeping in mind that the trial date for this
matter is a mere three weeks away.
IT IS THEREFORE ORDERED that:
1. The Motion to Withdraw (ECF No. 75) is DENIED WITHOUT PREJUDICE for
failure to comply with the local rules.
2. Counsel for Plaintiff are directed to FILE A NEW MOTION to withdraw including
the requisite information no later than May 12, 2022.
3. The Clerk is directed to CALENDAR A TELEPHONIC STATUS CONFERENCE
for May 19, 2022 at 1 pm.
4. Counsel for Defendant shall MAKE ALL NECESSARY ARRANGEMENTS for
Plaintiff to be present at the telephonic hearing.
SO ORDERED.
Signed: May 9, 2022

2
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