Mnzava v. Diverse Concepts, LLC (TV1)

Filing 70

ORDER granting 67 Motion to Withdraw as Attorney. Attorney Pate SHALL turn any relevant documents over to the Plaintiff and advise the Plaintiff of all pertinent dates and deadlines in this case in writing. Thereafter, Attorn ey Pate is RELIEVED of his duties as counsel in this matter. The Plaintiff is ADMONISHED that he is deemed to be proceeding pro se in the interim. If the Plaintiff intends to secure substitute counsel in this matter, counsel must file a notice of appearance on or before March 4, 2016. The Clerk of Court SHALL enter the Plaintiff's current mailing address of 1526 Carrie Belle Drive, Knoxville Tennessee, 37912, and phone number of [phone] in the docket of this case and mail a copy of this Memorandum and Order to the Plaintiff. Signed by Magistrate Judge C Clifford Shirley, Jr on 2/1/16. (c/m to Plaintiff) (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
DAVID E. MNZAVA,
Plaintiff,
v.
NP PROPERTIES, LLC, and
DIVERSE CONCEPTS, LLC,
Defendants.

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No. 3:14-CV-386-TAV-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 Withdraw as Counsel [Doc. 67],
filed by Plaintiff’s counsel Andrew Pate on January 28, 2016.
In his motion, Attorney Pate explains that an irreconcilable conflict of interest has arisen
between the Plaintiff and him, making continued representation unethical. Counsel certifies that
the motion to withdraw complies with Local Rule 83.4(g). In addition, the motion is co-signed
by the Plaintiff whose contact information is also included in the motion.
Pursuant to Local Rule 83.4(g), an attorney who seeks to withdraw must: (1) request
permission from the Court to withdraw as counsel; (2) include the current mailing address and
telephone number of the client; (3) provide a copy of the motion to the client 14 days prior to
filing unless the client has signed the motion; and (4) certify that the requirements of the rule
have been met.
Because the Plaintiff has consented to the proposed withdrawal and counsel has satisfied
Local Rule 83.4(g), the Court finds the Motion to Withdraw as Counsel [Doc. 67] is well-taken,
and it is GRANTED. Attorney Pate SHALL turn any relevant documents over to the Plaintiff

and advise the Plaintiff of all pertinent dates and deadlines in this case in writing. Thereafter,
Attorney Pate is RELIEVED of his duties as counsel in this matter.
The Plaintiff is ADMONISHED that he is deemed to be proceeding pro se in the interim.
If the Plaintiff intends to secure substitute counsel in this matter, counsel must file a notice of
appearance on or before March 4, 2016. Otherwise, the Court will consider the Plaintiff to be
proceeding pro se in this litigation.
The Clerk of Court SHALL enter the Plaintiff’s current mailing address of 1526 Carrie
Belle Drive, Knoxville Tennessee, 37912, and phone number of [phone] in the docket of
this case and mail a copy of this Memorandum and Order to the Plaintiff.
IT IS SO ORDERED.
ENTER:

s/ C. Clifford Shirley, Jr.
United States Magistrate Judge

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