Elia v. Wheelz LLC

Filing 18

ORDER granting 17 Amended MOTION to Withdraw as Attorney filed by Gerald P Elia. Attorney Ryan Kyle Hicks terminated. The Plaintiff is directed to notify the court by November 4, 2016, of the identity of the new attorney(s) he has retained to represent him in this case or, alternatively, of his desire to proceed with this litigation pro se. Signed by Magistrate Judge Shiva V Hodges on 10/18/2016. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Gerald P. Elia,
Plaintiff,
vs.
Wheelz, LLC,
Defendant.

)
)
)
)
)
)
)
)
)
)

C/A No.: 3:15-4901-MGL-SVH

ORDER

This matter comes before the court on the motion of Ryan Kyle Hicks, Esq., of J.
Lewis Cromer & Associates, L.L.C., to be relieved as counsel for Gerald P. Elia
(“Plaintiff”). [ECF No. 17]. Mr. Hicks indicates that Plaintiff has failed to attend the last
four mutually-scheduled meetings, including meetings related to discovery, and has failed
to meet the financial obligations of his retainer agreement. Id. Mr. Hicks provided a copy
of the motion to withdraw as counsel, filed on September 28, 2016, to Plaintiff. Id. at 2.
In accordance with Local Civ. Rule 83.I.07(B), the motion also informs Plaintiff that he
may file an objection to the motion within 17 days. Id. That time period has now passed,
and Plaintiff did not file an objection to the motion. Therefore, the court grants Mr.
Hicks’ motion to withdraw.
The court directs Plaintiff to notify the court by November 4, 2016, of the identity
of the new attorney(s) he has retained to represent him in this case or, alternatively, of his
desire to proceed with this litigation pro se, i.e., without an attorney. If Plaintiff does not
wish to continue this lawsuit, he may request that the court dismiss the case in its entirety.
To this end, Plaintiff shall, by November 4, 2016, complete the attached notice and mail

it to the Clerk of Court at the address indicated. If Plaintiff fails to file the attached letter
with the Clerk within the time prescribed, the court will consider him as proceeding pro
se.
Plaintiff is specifically advised that, if no new attorney is obtained to represent his
interests, the court is unable to provide him with legal advice and will expect this
litigation to be conducted in accordance with all provisions of the Federal Rules of Civil
Procedure.

Failure to comply with court rules could have serious consequences

including, but not limited to, striking his claims and dismissing the case against Wheelz,
LLC.
IT IS SO ORDERED.

October 18, 2016
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

2

Name:

__________________________

Address___________________________
___________________________
Clerk of Court
United States District Court
901 Richland Street
Columbia, South Carolina 29201
In Re: 3:15-4901-MGL-SVH Elia v. Wheelz, LLC
Dear Ms. Blume:
In response to the order of Judge Hodges dated October 18, 2016, I wish to advise
as follows:
_____ 1.

I, ________________ (Printed Name), have obtained a new attorney
to personally represent me in this matter. His [or her] name, address,
and telephone number are as follows:
__________________________________________
__________________________________________
OR

_____ 2.

I, ________________ (Printed Name), have NOT obtained a new
attorney and will represent myself in this matter. I request that the
Clerk of Court direct all notices and pleadings to me at the above
address. I understand that I am obligated to comply with all
provisions of the Federal Rules of Civil Procedure and to keep the
Clerk of Court informed as to my proper address.

_____ 3.

I, ________________ (Printed Name), do not wish to continue this
lawsuit and request that the court dismiss the case in its entirety.

_____________________________________ ______________
Signature
Date

3