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, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION A.A.O. Investments, Inc., Ophelia Rattary, ) ) ) Plaintiffs, ) ) vs. ) ) Safeco Insurance Company of ) America, ) ) Defendant. ) ________________________________ ) Safeco Insurance Company of ) America, ) ) Counter Claimant, ) ) vs. ) ) 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 (803) 771-6600 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

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