Wilson et al v. Chagrin Valley Steel Erectors, Inc.

Filing 95

OPINION AND ORDER granting 94 Motion to Withdraw as Attorney. The hearing previously scheduled for 6/25/2018 is VACATED and reset for 7/11/2018 at 01:30 PM. Signed by Chief Judge Edmund A. Sargus on 6/20/2018. (ew) Modified opinion status on 6/21/2018 (ew).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION CAROL A. WILSON, et al., Plaintiffs, Case No. 2:16-cv-1084 CHIEF JUDGE EDMUND A. SARGUS, JR. Magistrate Judge Kimberly A. Jolson v. CHAGRIN VALLEY STEEL ERECTORS, INC., Defendant/Third-Party Plaintiff, v. JUSTIN M. HELMICK, Third-Party Defendant. OPINION AND ORDER This matter is before the Court on the Amended Motion of Counsel for Defendant!ThirdParty Plaintiff, Chagrin Valley Steel Erectors, Inc. ("CVSE"), for Leave to Withdraw as Counsel in this Case. (ECF No. 94.) For good cause shown, this motion is hereby GRANTED. Counsel makes his motion pursuant to Rule 1.16 of the Ohio Rules of Professional Conduct, and S.D. Ohio Civ. R. 83.4(c)(2). S.D. Ohio Civ. R. 83.4(c)(2) states that a trial attorney's motion to withdraw shall meet three requirements: ( 1) it must be served upon the client, and the certificate of service must so state; (2) it must assert that good cause, as defined by the Rules of Professional Conduct, exists to permit the withdrawal; and (3) it must be accompanied by an affidavit or other evidence supporting the assertion of good cause. This motion meets each of these three requirements, and demonstrates good cause in compliance with the Ohio Rules of Professional Conduct, Rule l .16(b )(4-6). Counsel also requests that the hearing on Plaintiffs motion for attorneys' fees scheduled for June 25, 2018, be rescheduled to permit CVSE to obtain new representation. The Court hereby GRANTS Counsel's motion to withdraw (ECF No. 94). The hearing previously scheduled for June 25, 2018 is hereby VACATED. The Court will hold a hearing on July 11, 2018, at 1:30 p.m. to permit the parties to be heard on the matter of attorneys ' fees and costs, and to consider the appropriate amount of any supersedeas bond. No further extensions of time will be granted. IT IS SO ORDERED. DATE SARGUS,JR. ED ST ATES DISTRICT JUDGE 2

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