Upton et al v. BNFL, Inc et al

Filing 18

ORDER granting 14 Attorney James K. Scott's Motion to Withdraw as Attorney for Plaintiff Todd Upton. As of entry of this Memorandum and Order, Plaintiff Todd Upton is deemed to be proceeding pro se. If the Plaintiff intends t o secure substitute counsel in this matter, he must do so immediately. The Clerk of Court SHALL enter Plaintiff's current mailing address of 404 East Wayne Street Maumee, Ohio, 43537, and his telephone number of [phone], in the docket of this case. The Clerk of Court SHALL mail a copy of this Memorandum and Order to the Plaintiff at the above address. Signed by Magistrate Judge H Bruce Guyton on October 21, 2013. (mailed to Mr. Upton) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
CHRISTOPHER TODD UPTON, et al.,
Plaintiffs,
v.
BFNL, INC., et al.,
Defendants.

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No. 3:12-CV-295
(VARLAN/GUYTON)

MEMORANDUM AND ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and Standing Order 13-02. Now before the Court is a Motion to Withdraw [Doc. 14], filed by
Attorney James K. Scott.

Attorney Scott states that a lack of cooperation and lack of

communication supports his withdrawing as counsel for Plaintiff Todd Upton.
Local Rule 83.4 requires that: counsel request permission to withdraw as counsel; include
the current mailing address and telephone number of the client; provide a copy of the motion to
the client fourteen days prior to filing; and certify that the requirements of the rule have been
met. See E.D. Tenn. L.R. 83.4(f).
The Court finds that the Motion to Withdraw did not satisfy Rule 83.4, when filed on
September 30, 2013, because it did not certify that a copy of the Motion to Withdraw was served
upon Mr. Upton fourteen days prior to the Motion to Withdraw being filed. The Motion to
Withdraw did, however, certify that a copy of the Motion to Withdraw was mailed to Mr. Upton
on September 30, 2013. The Court finds that fourteen days have elapsed since this mailing, and
the Court finds that Rule 83.4’s notice requirement has been satisfied.

The Court finds that the Motion to Withdraw does not include Plaintiff’s telephone
number. However, Mr. Upton has filed a notice that includes his telephone number, and the
Court finds that this deficiency is effectively cured.
The Court, therefore, finds that the Motion to Withdraw satisfies Local Rule 83.4 on its
face, and because the Local Rule is satisfied, the Court finds that a hearing on this issue is not
necessary. Accordingly, the Motion to Withdraw [Doc. 14] is GRANTED. Attorney James K.
Scott SHALL turn any relevant documents over to Mr. Upton and advise Mr. Upton of all
pertinent dates and deadlines in this case in writing. Thereafter, Mr. Scott is RELIEVED of his
duties as counsel in this matter.
As of entry of this Memorandum and Order, Plaintiff Todd Upton is deemed to be
proceeding pro se. If the Plaintiff intends to secure substitute counsel in this matter, he must do
so immediately.
The Clerk of Court SHALL enter Plaintiff’s current mailing address of 404 East Wayne
Street Maumee, Ohio, 43537, and his telephone number of [phone], in the docket of this
case. The Clerk of Court SHALL mail a copy of this Memorandum and Order to the Plaintiff at
the above address.
IT IS SO ORDERED.
ENTER:
s/ H. Bruce Guyton
United States Magistrate Judge

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