Andrews et al v. United States of America

Filing 100

ORDER denying as moot 68 MOTION to Withdraw as Attorney, denying as moot 69 MOTION to Withdraw as Attorney, granting 70 MOTION to Withdraw as Attorney, granting 71 MOTION to Withdraw as Attorney, granting 72 MO TION to Withdraw as Attorney, denying as moot 73 MOTION to Withdraw as Attorney, denying as moot 74 MOTION to Withdraw as Attorney, denying as moot 75 MOTION to Withdraw as Attorney, granting 76 MOTION to Withdraw as Attorney, granting 77 MOTION to Withdraw as Attorney, granting 78 MOTION to Withdraw as Attorney, denying as moot 79 MOTION to Withdraw as Attorney, denying as moot 80 MOTION to Withdraw as Attorney ( Status Report due by 12/6/2017). Signed by Honorable J Michelle Childs on 11/6/2017. (asni, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
William Jones Andrews, Jr., Robert Arrington,
)
Patrick Babb, Timothy Paul Babb and Agnes Babb, )
Tyler Bahnmuller, Jennifer Baker and Jeffrey
)
Baker, Bryan Bender and Katie Levia, William
)
Britt, II and Erin Dawn Britt, Jeffrey Burden and )
Ellen Burden, Debra Burriss, Bradford R. Collins, )
Lewis J. Cromer and Carolyn Cromer, Mary Gill, )
Stanley Hood and Karen Hood, Jeff Inabinet and )
Elizabeth Inabinet, Ann D. Kepley, Jason Kirkham )
and Ashley Kirkham, Kirby Leitner and Jean
)
Leitner, Linda Lynn, Kimberley MacDonald,
)
Larry McKeown, Stephen Marshall, Welda
)
McCullough, Earl Pierce and Cynthia Pierce,
)
David Reid, David Richardson, Mark Rowland
)
and Scott Caton, Teresa Schlosser, Kathy Siokos, )
Brady Souder and Elizabeth Souder, Preston Spivey )
and Mary Mazolla Spivey, Alyssa Stigamier,
)
Damita Trapp, Sabrina Todd and Joseph Osbourne, )
Alex Umbach, William Wannamaker and Laura
)
Wannamaker, Karen Whalen and Jeffrey Whalen, )
Jeffrey Wilkinson, and James Woods and Cathy
)
Woods,
)
)
Plaintiffs,
)
)
v.
)
)
United States of America,
)
)
Defendant.
)
__________________________________________)

Civil Action No. 3:16-cv-03702-JMC

ORDER

Plaintiffs above-named collectively filed this action seeking money damages from
Defendant United States of America for the destruction caused to their homes by flood water
released when the Semmes Lake Dam was breached in October 2015. (ECF No. 1 at 6–9.)
As they litigated this matter, Plaintiffs’ counsel–W. Jones Andrews, Jr., John G. Felder,
Jr., Chad A. McGowan and Jordan Calloway of McGowan Hood and Felder, LLC–reached the

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conclusion that the case could not proceed any further because their retained experts were unable
to make a connection between the water that flooded Plaintiffs’ property and the water that was
released from the Semmes Lake Dam on the campus of the Fort Jackson United States Army
Installation. (See, e.g., ECF No. 52-1 at 1.) Thereafter, Plaintiffs’ counsel determined that they
could no longer pursue claims on behalf of any Plaintiffs seeking to continue to litigate this
matter. Accordingly, on October 16, 2017, Plaintiffs’ counsel filed Motions for Withdrawal of
Appearance and to Stay Proceedings as to remaining Plaintiffs, Tyler Bahnmuller, Jeffrey Baker,
Jeffrey Burden, Ellen Burden, Lewis J. Cromer, Carolyn Cromer, Damita Trapp, Stephen
Marshall, James Woods and Cathy Woods (collectively “Plaintiffs”).1 (ECF Nos. 70–72, 76–
78.)
This court’s local rules allow a party to object to the withdrawal of counsel. See Local
Civ. Rule 83.I.07 (D.S.C.). As a result, the court entered an Order to Show Cause (ECF No. 86)
on October 24, 2017, to create an opportunity for Plaintiffs to state any objection to their
attorneys’ request to withdraw on the record.2 On November 6, 2017, the court held a show
cause hearing regarding the Motions to Withdraw on the record. Plaintiffs’ counsel set forth on
the record the manner in which Plaintiffs were served with the Order to Show Cause and notice
of the show cause hearing. No Plaintiffs appeared at the November 6, 2017 hearing to object to
counsel’s Motion to Withdraw.

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 The court observes that Plaintiffs’ counsel had also moved to withdraw from representation of
Plaintiffs William Britt, II, Erin Dawn Britt, Kirby Leitner, Jean Leitner, Jeffrey Wilkinson, Earl
Pierce, Cynthia Pierce, Linda Lynn, Stanley Hood, Karen Hood and Mary Gill. (ECF Nos. 68,
69, 73–75, 79 & 80.) Wilkinson is the only one of these individuals that has not voluntarily
dismissed their cases. (See ECF Nos. 83, 88.) However, at the November 6, 2017 show cause
hearing, Plaintiffs’ counsel informed the court that Wilkinson will substitute the Strom Law
Firm, LLC as his counsel. As a result of the foregoing, the court DENIES AS MOOT these
Motions to Withdraw. (ECF Nos. 68, 69, 73–75, 79 & 80.)
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 Additionally, the court required Plaintiffs’ counsel to serve a copy of the Order to Show Cause
on Plaintiffs, which proof of service was filed on CM/ECF. (See ECF Nos. 90–97.)  

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Upon consideration of counsel’s reasons for withdrawal and the lack of objection from
Plaintiffs, the court GRANTS the Motions to Withdraw of Plaintiffs’ counsel. (ECF Nos. 70–
72, 76–78.) The court advises Plaintiffs Tyler Bahnmuller, Jeffrey Baker, Jeffrey Burden, Ellen
Burden, Lewis J. Cromer, Carolyn Cromer, Damita Trapp, Stephen Marshall, James Woods and
Cathy Woods that they will have to either substitute counsel or notify the court of their intention
to proceed pro se by December 6, 2017. In this regard, the court instructs Plaintiffs that any
failure to move the case forward after December 6, 2017, could result in the dismissal of the
Complaint pursuant to Federal Rule of Civil Procedure 41(b), which provides as follows:
If the plaintiff fails to prosecute or to comply with these rules or a court order, a
defendant may move to dismiss the action or any claim against it. Unless the
dismissal order states otherwise, a dismissal under this subdivision (b) and any
dismissal not under this rule – except one for lack of jurisdiction, improper venue,
or failure to join a party under Rule 19 – operates as an adjudication on the merits.
Fed. R. Civ. P. 41(b).
In light of the foregoing, the court DIRECTS the Clerk of Court to mail a copy of this
Order to Plaintiffs Bahnmuller, Baker, Burden, Cromer, Trapp, Marshall, Wilkinson and Woods.
IT IS SO ORDERED.

United States District Judge
November 6, 2017
Columbia, South Carolina

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