Cypherd et al v. Belk, Inc.

Filing 10

MEMORANDUM AND ORDER denying as moot 5 Motion to Dismiss for Lack of Prosecution and granting 9 Motion to Withdraw as Counsel. Attorney J. Terry Holland is RELIEVED of his duties as counsel, and Attorney Bryan L. Capps is SUBSTITUTED as counsel for the Plaintiffs.Signed by Magistrate Judge C Clifford Shirley, Jr on 01/14/2014. (KAW)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
MARGARET SUE CYPHERD and
JOHN CYPHERD,
Plaintiffs,

v.
BELK, INC.,
Defendant.

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No. 3:13-CV-232
(VARLAN/SHIRLEY

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 Joint Motion to Withdraw Motion to Dismiss and for an Order
of Withdrawal and Substitution [Doc. 9]. The combined request for both substitution of counsel
and the withdrawal of a motion to dismiss is somewhat awkward procedurally, but in order to
save the parties’ resources, the Court will address both prayers for relief herein.
First, the parties state that the Defendant’s Motion to Dismiss has been rendered moot by
the appearance of substitute counsel in this matter. The parties agree that the Motion to Dismiss
should, therefore, be denied as moot. Based upon the parties’ agreement on this point, the Court
finds that the request to withdraw the Motion to Dismiss [Doc. 9] is well-taken, and it is
GRANTED. Accordingly, the Motion to Dismiss [Doc. 5] is DENIED AS MOOT.
Second, the parties move the Court to allow Attorney J. Terry Holland to withdraw as
counsel for the Plaintiffs and to permit Attorney Bryan L. Capps to be substituted as counsel for
the Plaintiffs. Again, there is no objection to this request, and because continuity of counsel for

the Plaintiffs is ensured, the Court finds that the request is well-taken. The Motion to Withdraw
as Counsel [Doc. 9] is well-taken, and it is GRANTED.

Attorney J. Terry Holland is

RELIEVED of his duties as counsel, and Attorney Bryan L. Capps is SUBSTITUTED as
counsel for the Plaintiffs.
IT IS SO ORDERED.
ENTER:
s/ C. Clifford Shirley, Jr.
United States Magistrate Judge

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