Brabson v. Sears, Roebuck and Co. (TV3)

Filing 32

MEMORANDUM AND ORDER granting 31 Motion to Withdraw as Attorney. Mr. Inman is RELIEVED of his duties as counsel in this case. Plaintiff is hereby ADMONISHED that she is DEEMED to be proceeding pro se. The Court finds that Mr. Inman's general request for a sixty-day stay in this case is not well-taken, and it is DENIED. The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order, along with the Scheduling Order, to Plaintiff at the address provided b y counsel, and to enter that address along with Plaintiff's telephone number as her contact information in the docket. Signed by Magistrate Judge C Clifford Shirley, Jr on 11/9/15. (c/m to Plaintiff along with Scheduling order) (JBR) Modified text on 11/9/2015 (JBR).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
MELISSA K. BRABSON,
Plaintiff,
v.
SEARS, ROEBUCK AND CO., ET AL.,
Defendants.

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No. 3:14-CV-336-TWP-CCS

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 Allow Counsel to Withdraw [Doc. 31]. Attorney
Michael C. Inman moves the Court to permit him to withdraw as counsel for the Plaintiff,
because Mr. Inman and the Plaintiff have conflicting opinions regarding the direction of this
litigation. Plaintiff has consented to Mr. Inman’s withdrawal and has indicated the same by
signing the motion. Mr. Inman and Plaintiff represent that Plaintiff’s address is 141 Parkview
Drive, Meridianville, Alabama 35759. The motion also includes Plaintiff’s phone number.
The Court finds first that the Motion to Withdraw [Doc. 31] complies with Rule 83.4 of
the Local Rules of the Eastern District of Tennessee, and therefore, it is GRANTED. The Court
expects that Mr. Inman will provide copies of any relevant documents to any future counsel for
the Plaintiff or to Plaintiff herself, upon request. Otherwise, Mr. Inman is RELIEVED of his
duties as counsel in this case.

Plaintiff is hereby ADMONISHED that she is DEEMED to be proceeding pro se. Until
she obtains substitute counsel, it is her obligation to stay up to date on the status of this case and
comply with the deadlines set by the Court. Likewise, if she elects to proceed in this case without
an attorney, she is responsible for complying with all deadlines set by the Court and responding
to any requests for relief by other parties, see E.D. Tenn. L.R. 7.1. Plaintiff, like any other party,
will be expected to comply with the Federal Rules of Civil Procedure, the Local Rules, and the
Court’s Orders. To the extent she plans to retain new counsel, she should do so as soon as
possible.
Plaintiff is advised that this case is set for trial on April 26, 2016, and that many
deadlines in this case are based upon this trial date and will expire at intervals of 150 days, 120
days, 90 days, 60 days, and 30 days, etc., before trial. She is reminded to carefully review the
Scheduling Order [Doc. 25] and calendar each of these deadlines. The Court finds that Mr.
Inman’s general request for a sixty-day stay in this case is not well-taken, and it is DENIED.
However, Plaintiff may move the Court to extend deadlines that she believes are unworkable.
The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order, along
with the Scheduling Order, to Plaintiff at the address provided by counsel, and to enter that
address along with Plaintiff’s telephone number as her contact information in the docket.
IT IS SO ORDERED.
ENTER:
s/ C. Clifford Shirley, Jr.
United States Magistrate Judge

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