AAO Investments Inc v. Safeco Insurance Company of America

Filing 60

ORDER REGARDING WITHDRAWAL OF PLAINTIFF'S COUNSEL notifying AAO Investments Inc it must retain counsel within fifteen (15) days and notify the court by completing and mailing the attached notice. Signed by Honorable Joseph F Anderson, Jr on 01/13/2012. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
A.A.O. Investments, Inc.,
Ophelia Rattary,

)
)
)
Plaintiffs,
)
)
vs.
)
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Safeco Insurance Company of
)
America,
)
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Defendant.
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________________________________ )
Safeco Insurance Company of
)
America,
)
)
Counter Claimant, )
)
vs.
)
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A.A.O. Investments, Inc.,
)
Ophelia Rattary,
)
)
Counter Defendants.)
________________________________ )

C/A No.: 3:11-cv-01104-JFA

ORDER REGARDING
WITHDRAWAL OF
PLAINTIFF’S COUNSEL

Attorney Karl S. Brehmer of Brown and Brehmer, has moved to withdraw as counsel
for the plaintiff, A.A.O. Investments Inc. It appears that the attorney-client relationship
between Brehmer and Ulysses Simpkins, the principal of A.A.O. Investments, Inc., has
deteriorated to the point that Brehmer cannot effectively represent A.A.O. Investments, Inc.
According to Brehmer’s motion, the relationship with Simpkins has deteriorated to the point
that communication is ineffective, and the client has lost confidence in his counsel of record.
As such, Simpkins wishes the counsel of record to be relieved as attorney of record in this

case. Both Brehmer and Simpkins have submitted affidavits verifying the irreconcilable
conflict between them and asking this court to remove Brehmer as counsel of record.
The court will allow the client fifteen (15) days from the entry date of this order
within which to mail the court notice of the identity of replacement counsel. Because A.A.O.
Investments, Inc. is a corporation, the court hereby gives notice that a corporation may not
appear through its corporate officers but may only appear in United States District Court
through an attorney duly licensed to practice in this district. E.g., Palazzo v. Gulf Oil Corp.,
764 F.2d 1381, 1385 (11th Cir. 1985).
To this end, the client shall, within fifteen days from entry of this order, complete the
attached Notice and mail it to the Clerk of Court at the address indicated. If the client fails
to mail the attached letter to the clerk within the time prescribed, the court may strike the
plaintiff’s complaint. This means that the plaintiff will not be able to recover from the
defendant. The postmark date will be determinative of the date mailed.
IT IS SO ORDERED.

January 13, 2012
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

Karl S. Brehmer
Brown and Brehmer
P.O. Box 7966
Columbia, SC 29202
[phone]
The Honorable Larry Propes
Clerk of Court
United States District Court
1845 Assembly Street
Columbia, South Carolina 29201-2455
In Re:

3:11-cv-01104-JFA A.A.O. Investments, Inc., et al. v. Safeco Insurance
Company of America

Dear Mr. Propes:
In response to Judge Anderson's order, I wish to advise as follows:
I have obtained a new attorney to represent me in this matter. This
attorney’s name, address, and telephone number are as follows:
__________________________________________
__________________________________________
__________________________________________

Note: a corporation must retain counsel.
_____________________________________
Signature of Client