Gaynor v. Miller et al (TV2)

Filing 128

ORDER granting 124 Motion to Withdraw as Attorney. Attorneys Steven Farina, Margaret Keeley, Amanda MacDonald, and Katherine Turner and the law firm of Williams & Connolly, LLP are RELIEVED of their duties as counsel in this m atter, and Attorneys S. Lawrence Polk, Stacy MacGavin Mohr, and Melissa Fox and the law firm of Eversheds Sutherland LLP are hereby SUBSTITUTED as counsel of record for the Underwriter Defendants. Signed by Magistrate Judge C Clifford Shirley, Jr on 1/4/18. Associated Cases: 3:15-cv-00545-TAV-CCS, 3:15-cv-00546-TAV-CCS, 3:16-cv-00232-TAV-CCS (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
KENNETH GAYNOR, et al.,

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Plaintiffs,
v.
DELOY MILLER, et al.,
Defendants.

No. 3:15-CV-545-TAV-CCS

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 Underwriter Defendants’ Motion for Withdrawal of Counsel
and Entry of Appearance of Substitute Counsel [Doc. 124]. 1 The Motion requests that the Court
permit the withdrawal of Attorneys Steven Farina, Margaret Keeley, Amanda MacDonald, and
Katherine Turner and the law firm of Williams & Connolly, LLP, and allow Attorneys S. Lawrence
Polk, Stacy MacGavin Mohr, and Melissa Fox and the law firm of Eversheds Sutherland LLP to
be substituted as lead counsel. The Motion explains that the Underwriter Defendants have retained
the services of Eversheds Sutherland LLP and no longer need the services of Williams & Connolly,
LLP. Further, the Motion asserts that Attorneys W. Brantley Phillips, Jr., Jeffrey P. Yarbro and
Shayne R. Clinton and the law firm of Bass, Berry & Sims PLC will remain as co-counsel for the
Underwriter Defendants. The Motion states that the Underwriter Defendants have consented to

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The Underwriter Defendants include MLV & Co. LLC, Maxim Group, LLC, National
Securities Corporation, Aegis Capital Corp., Northland Capital Markets, Dominick & Dickerman,
LLC (f/k/a Dominick & Dominick LLC), Ladenburg Thalmann & Co., Inc., and I-Bankers
Securities, Inc.
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the withdrawal and substitution of lead counsel. Finally, the Motion explains that Plaintiffs will
not be prejudiced by the substitution of counsel because the substitution will have no impact on
the Court’s Scheduling Order.
Because continuity of counsel is ensured, the Court finds the Underwriter Defendants’
Motion for Withdrawal of Counsel and Entry of Appearance of Substitute Counsel [Doc. 124] well
taken, and it is GRANTED. See also E.D. Tenn. L.R. 83.4(f) (“Where a party is represented by
multiple counsel of record, an attorney may withdraw, provided the party is still being represented
by another attorney of record, upon the filing of a notice of withdrawal.”) (Emphasis added).
Attorneys Steven Farina, Margaret Keeley, Amanda MacDonald, and Katherine Turner and the
law firm of Williams & Connolly, LLP are RELIEVED of their duties as counsel in this matter,
and Attorneys S. Lawrence Polk, Stacy MacGavin Mohr, and Melissa Fox and the law firm of
Eversheds Sutherland LLP are hereby SUBSTITUTED as counsel of record for the Underwriter
Defendants. Attorneys W. Brantley Phillips, Jr., Jeffrey P. Yarbro and Shayne R. Clinton and the
law firm of Bass, Berry & Sims PLC will remain as co-counsel for the Underwriter Defendants.
IT IS SO ORDERED.
ENTER:

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

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