Elia v. Wheelz LLC

Filing 21

ORDER directing Plaintiff to notify the Court by November 15, 2016 of the identity of the new attorney(s) he has retained to represent him or, alternatively, of his desire to proceed with this litigation pro se. If Plaintiff d oes 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 15, 2016, complete the attached notice and mail it to the Clerk of Court at the address indicated. Signed by Magistrate Judge Shiva V Hodges on 11/1/2016. (mwal)

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

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

ORDER

This matter comes before the court on Plaintiff’s filing [ECF No. 20] indicating
that Julius W. Babb IV, Esq., of the law firm of J. Lewis Cromer & Associates, LLC, is
representing Plaintiff. Mr. Babb has not made a notice of appearance on behalf of
Plaintiff and the court has granted his law firm’s motion to withdraw from this matter
without objection by Plaintiff. [ECF No. 17, 18]. Furthermore, Mr. Babb contacted the
Clerk of Court’s office on November 1, 2016, clarifying that his firm does not represent
Plaintiff. Therefore, Mr. Babb is not representing Plaintiff.
The court directs Plaintiff to notify the court by November 15, 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 retains a new attorney, his attorney should file a notice of appearance on the
docket by November 15, 2016. 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 15, 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.
The court will schedule a telephonic status conference for November 17, 2016 at
10:00 a.m. to discuss Plaintiff’s status of counsel and obligations to comply with
Defendant’s discovery in this case. The court’s records indicate that 803-413-8412 is
Plaintiff’s telephone number, and unless Plaintiff indicates otherwise, the court plans to
use this number to contact Plaintiff for the status conference. Plaintiff is directed to
advise the court by November 15, 2016, if he prefers the court use another telephone
number for the status conference. If counsel files a notice of appearance on Plaintiff’s
behalf prior to the status conference, the court anticipates canceling the hearing.
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 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, and
subjecting Plaintiff to costs and sanctions.
IT IS SO ORDERED.

November 1, 2016
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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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 November 1, 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. My phone number
is ___________________________.

_____ 3.

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

_____________________________________ ______________
Signature
Date

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