Galler Lehman Law, P.A. v. Steve Miller & Associates, Inc. and Steve Miller (TV2)

Filing 29

MEMORANDUM AND ORDER; Now before the Court is the Motion to Withdraw as Counsel 24 . Because the Motion is deficient, a hearing on the merits of the Motion is now necessary. Accordingly, the parties are ORDERED to appear before i t on July 11, 2016, at 1:30 p.m., where the Court will address the Motion to Withdraw as Counsel 24 . A representative of the Plaintiff SHALL attend the hearing. During the hearing, the Court will also address the Defendants' Motion to Amend Answer 26 , which is also deficient per the Local Rules. Signed by Magistrate Judge C Clifford Shirley, Jr on 6/21/16. (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
GALLER LEHMAN LAW, P.A.,
Plaintiff,
v.
STEVE MILLER & ASSOCIATES, INC., and
STEVE MILLER,
Defendants.

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No. 3:14-CV-591-TRM-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 the Motion to Withdraw as Counsel [Doc. 24]. The Motion
requests that Attorney Sharon Frankenberg be allowed to withdraw as counsel for the Plaintiff
due to “irreconcilable conflicts with her client.” The Motion states, “Specific Rules of
Professional Conduct prohibiting continued representation will be cited and filed under seal if
permitted by the Court.”
Pursuant to Local Rule 83.4, in order to withdraw from a case, an attorney must do the
following:
(1) File a motion with the Court requesting permission to
withdraw as counsel of record;
(2) Include in the motion the current mailing address and
telephone number of the client;
(3) Unless the motion is signed by both the attorney and the
client or a consent to the withdrawal signed by the client is
attached to the motion, provide a copy of the motion to the
client at least 14 days prior to the date the motion is filed;
(4) If a hearing date on the motion is set, certify in writing
to the Court that the client was served at least 7 days before

the hearing with notice (i) of the date, time, and place of
hearing and (ii) that the client as a right to appear and be
heard on the motion; and
(5) Certify to the Court that the above requirements have
been met.
The Court finds that Attorney Frankenberg’s Motion to Withdraw is wholly deficient.
Although the address of the Plaintiff is listed on the Certificate of Service, there is no telephone
number for the Plaintiff, the Plaintiff did not sign the Motion and there is no proof that the
Plaintiff consented to the Motion or that Attorney Frankenberg sent a copy of the Motion to the
Plaintiff fourteen (14) days before filing, and there is no certification that the requirements of
Local Rule 83.4 have been met. Moreover, the Court is concerned about the applicability of
Local Rule 83.4(g) (“If the client is a corporation or other artificial person or legal entity created
by statute that may only appear in court through counsel, the Court, absent extraordinary
circumstances, shall not allow the attorney to withdraw until the client has obtained substitute
counsel.”).
Because the Motion is deficient, a hearing on the merits of the Motion is now necessary.
Accordingly, the parties are ORDERED to appear before it on July 11, 2016, at 1:30 p.m.,
where the Court will address the Motion to Withdraw as Counsel [Doc. 24]. A representative of
the Plaintiff SHALL attend the hearing. During the hearing, the Court will also address the
Defendants’ Motion to Amend Answer [Doc. 26], which is also deficient per the Local Rules.
See Local Rule 15.1 (“A party who moves to amend a pleading shall attach a copy of the
proposed amended pleading to the motion.”).
IT IS SO ORDERED.
ENTER:
s/ C. Clifford Shirley, Jr.
United States Magistrate Judge

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