Given et al v. Love's Travel Stops & Country Stores, Inc.

Filing 78

ORDER re: pltfs' cnsl's motion to w/draw as cnsl 76 - motion 76 granted subject to condition that pltfs' cnsl shall forthwith cause to be served upon Given a copy of this order & shall thereafter file a cert of svc w/ the ct, Give n granted 30 days from date of svc of this order to notify ct of intent to proceed in this matter & is admonished that failure to respond in acc w/ this order may result in dismissal of his claims, & directing that cnsl's w/drawal shall be effective upon expiration of the 30 day period set forth in Para 2. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 3/13/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ZACHARY GIVEN, KRISTOPHER
LAWSON, VINCENT MCCLEERY,
and SEAN MCMURRAN, individually
and on behalf of other persons
similarly situated,
Plaintiffs
v.
LOVE’S TRAVEL STOPS &
COUNTRY STORES, INC.,
Defendant

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CIVIL ACTION NO. 1:17-CV-1266
(Chief Judge Conner)

ORDER
AND NOW, this 13th day of March, 2018, upon consideration of the motion
(Doc. 76) for leave to withdraw as counsel for plaintiff Zachary Given (“Given”) filed
by plaintiffs’ counsel, wherein counsel contend that there is a “breakdown in the
attorney-client relationship,” (id. ¶ 5), and explains that Given has been
uncommunicative for several months such that counsel are unable to effectively
represent him, (id. ¶¶ 2-5), and further upon consideration of representations made
by plaintiffs’ counsel during a discovery telephone conference on January 26, 2018
regarding same, and the court noting that the Pennsylvania Rules of Professional
Conduct permit counsel to withdraw from representation of a client when “the
representation . . . has been rendered unreasonably difficult by the client” or when
“good cause for withdrawal exists,” PA. RULES OF PROF’L CONDUCT R. 1.16(b)(6), (7),
and the court concluding that under the circumstances, withdrawal of counsel is
warranted, and the court observing that defendant filed a motion (Doc. 63) for

sanctions against Given pursuant to Federal Rule of Civil Procedure 37 seeking,
inter alia, a court order dismissing Given as a party to the above-captioned matter
in view of his nonresponsiveness, and the court determining that it is appropriate to
afford Given a period of time in which to notify the court of his intent to proceed in
this suit, it is hereby ORDERED that:
1.

The motion (Doc. 76) for leave to withdraw as counsel is GRANTED
subject to the following condition. Plaintiffs’ counsel shall forthwith
cause to be served upon Given a copy of this order and shall thereafter
file a certificate of service with the court.

2.

Given shall be granted thirty (30) days from the date of service of this
order to notify the court of Given’s intent to proceed in this matter.
Given is admonished that failure to respond in accordance with this
order may result in dismissal of his claims.

3.

Counsels’ withdrawal shall be effective upon the expiration of the
thirty-day period set forth in paragraph 2.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania