COTE v. JONES CONSULTANT

Filing 16

ORDER. Plaintiff counsel's Motion to Withdraw (Doc. 15 ) is GRANTED. In light of this ruling, the case is STAYED until it is determined whether Plaintiff wishes to, and can, retain alternate legal counsel. By 3/23/17, Plaintiff shall either r etain new counsel, said counsel entering his or her appearance on behalf of Plaintiff by that date; or Plaintiff shall file with the Court, and serve on opposing counsel, a notice indicating his intention to proceed "pro se." Should Plaint iff fail to timely comply with the above directives, his case summarily may be dismissed without further notice. For the duration of the above-referenced stay, this case is and shall remain ADMINISTRATIVELY CLOSED. Finally, the Initial Rule 16 Sched uling Conference set for 2/24/17 at 11:30 a.m. is CANCELLED, and Defendant's Motion (Doc. 12 ) to reschedule the Conference is DENIED AS MOOT. Once either new counsel enters an appearance on behalf of Plaintiff, or Plaintiff properly files and serves a notice of his intention to proceed pro se, this case will be reopened and the initial conference rescheduled. Signed by Judge Cathy Bissoon on 2/3/17. (dcd) Staff notes: Attorney Christi M. Wallace terminated. Also, a copy of this Order will be sent, via First-Class U.S. Mail, to Plaintiff's address (Dennis Cote, 24 East 2nd Ave., Apt. 1, Tarentum, PA 15084), as supplied in Plaintiff counsel's Motion (Doc. 15 ) at para. 7.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DENNIS COTE,
Plaintiff,
v.
JONES CONSULTANT,
Defendant.

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Civil Action No. 16-1528
Judge Cathy Bissoon

ORDER
Plaintiff counsel’s Motion (Doc. 15) to withdraw her appearance will be granted.
Although counsel does not make reference to the governing-Local Rule, the contents of her
Motion are in substantial compliance. Compare LCvR. 83.2(C)(4) (“[i]f [a] succeeding attorney
is not known, the motion must set forth the name, address and telephone number of the client and
. . . state specifically why, after due diligence, the attorney was unable to obtain the client’s
signature”) with Mot. at ¶¶ 3-6, 9 (indicating that, despite counsel’s repeated attempts to
communicate with Plaintiff, he has declined to respond; and providing Plaintiff’s current mailing
address and telephone number). Based on the contents of the Motion, the Court is convinced that
the attorney-client relationship sufficiently has deteriorated that the Motion to Withdraw
(Doc. 15) must be, and therefore is, GRANTED.
In light of this ruling, the case is STAYED until it is determined whether Plaintiff wishes
to, and can, retain alternate legal counsel. By March 23, 2017, Plaintiff shall either retain new
counsel, said counsel entering his or her appearance on behalf of Plaintiff by that date;

or Plaintiff shall file with the Court, and serve on opposing counsel, a notice indicating his
intention to proceed “pro se,” i.e., without legal representation.1
Should Plaintiff fail to timely comply with the above directives, his case summarily may
be dismissed without further notice.
For the duration of the above-referenced stay, this case is and shall remain
ADMINISTRATIVELY CLOSED. Administrative closings comprise a familiar way in which
courts remove cases from their active files without final adjudication. Penn West Assocs., Inc. v.
Cohen, 371 F.3d 118, 127 (3d Cir. 2004) (citation and internal quotations omitted).
Administrative closure is a docket control device used by the Court for statistical purposes, and it
does not prejudice the substantive rights of the parties. Honig v. Comcast of Georgia I, LLC,
537 F. Supp.2d 1277, 1290 n.8 (N.D. Ga. 2008).
Finally, the Initial Rule 16 Scheduling Conference set for February 24, 2017
at 11:30 a.m. is CANCELLED, and Defendant’s Motion (Doc. 12) to reschedule the Conference
is DENIED AS MOOT.
Once either new counsel enters an appearance on behalf of Plaintiff, or Plaintiff properly
files and serves a notice of his intention to proceed pro se, this case will be reopened and the
initial conference rescheduled.
IT IS SO ORDERED.
February 3, 2017

s/Cathy Bissoon
Cathy Bissoon
United States District Judge

Should Plaintiff wish to submit a notice of intent to proceed pro se, “filing” may be
accomplished by delivering the original document, in person or by First-Class U.S. Mail, to the
Clerk of this Court. Attached to every original submission with the Court, Plaintiff must include
a certificate stating the date that the document was mailed to Defendant’s counsel (i.e.,
a “certificate of service”).
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cc (via ECF email notification):
All Counsel of Record
cc (via First-Class U.S. Mail):
Dennis Cote
624 East 2nd Ave., Apt. 1
Tarentum, PA 15084