Medellin v. CommunityCare, HMO, Inc.

Filing 30

OPINION AND ORDER by Judge Terence Kern Plaintiff is directed to cause new counsel to enter an appearnace by 6/27/11 (Re: 28 MOTION to Withdraw Attorney(s), 27 MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) ) (vah, Chambers)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OKLAHOMA
JUAN MEDELLIN,
Plaintiff,
v.
COMMUNITYCARE HMO, INC.,
an Oklahoma corporation,
Defendant.

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Case No. 09-CV-617-TCK-FHM

OPINION AND ORDER
Before the Court is the Motion to Withdraw (Doc. 28) and Motion for Extension of Time to
Conduct Discovery (Doc. 27) filed by Joseph F. Clark (“Clark”), Plaintiff’s counsel. With regard
to the Motion to Withdraw, the Court grants the motion for good cause, subject to the following
conditions. Clark is granted leave to withdraw as counsel for Plaintiff effective upon the entry of
appearance of substitute counsel. Plaintiff is hereby directed to either cause new counsel to enter
an appearance in this matter, or to file a statement stating that Plaintiff wishes to proceed in propria
persona, within twenty (20) days of this date. Failure to comply with this deadline may result in the
imposition of appropriate sanctions. Clark shall be required to actively serve as counsel for Plaintiff
by attending all scheduled hearings, preparing necessary orders, and adhering to dates previously
set by this Court until such time as the conditions set forth in the Order have met with full
compliance or pending further Order of the Court.
With regard to the Motion for Extension of Time to Conduct Discovery (Doc. 27), Clark
seeks: (1) an additional sixty days in which to complete the discovery permitted in the Court’s Order
of March 31, 2011; and (2) an extension of the date in which Plaintiff may re-file his motion to
remand. (See 3/31/2011 Order (denying Plaintiff’s motion to remand without prejudice and granting

Plaintiff’s alternative request for additional discovery) (stating that Plaintiff is permitted to file a
second motion to remand on or before June 13, 2011).) Plaintiff has had over two months to conduct
the discovery permitted in the Court’s March 31, 2011 Order, and an additional sixty (60) days of
discovery is therefore unwarranted. The Court will grant a modified extension of the dates outlined
in the Court’s Order, however. Specifically, Plaintiff is permitted to file a second motion to remand
within twenty (20) days of the entry of appearance of new counsel or Plaintiff’s filing of a statement
that he wishes to proceed in propia persona.

SO ORDERED this 7th day of June, 2011.

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TERENCE C. KERN
UNITED STATES DISTRICT JUDGE

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