Elia v. Wheelz LLC

Filing 26

ORDER directing Plaintiff to notify the court by January 3, 2017, 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 f Plaintiff retains a new attorney, his attorney should file a notice of appearance on the docket by January 3, 2017. If Plaintiff does not wish to continue this lawsuit, he may request that the court dismiss the case in its entirety. Signed by Magistrate Judge Shiva V Hodges on 12/20/2016. (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 failure to comply with the court’s
third order requiring him to advise the court of the identity of his new counsel or his
desire to proceed pro se. [ECF No. 24; see also ECF Nos. 18, 21]. On November 17,
2016, the undersigned conducted a telephonic conference with the parties in which
Plaintiff assured the court that he would have ample opportunity to identify a new
attorney by December 16, 2016. [ECF No. 24]. Plaintiff has failed to identify a new
attorney.
The court directs Plaintiff to notify the court by January 3, 2017, 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 January 3,
2017. 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 January 3, 2017, 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 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.

December 20, 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 December 20, 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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