Gaynor v. Miller et al (TV2)

Filing 72

MEMORANDUM AND ORDER granting in part and denying in part 69 Motion to Withdraw as Attorney. Attorneys Leibowitz, Hemmelgarn, Tindell, and the Leibowitz Law Firm, PLLC, are RELIEVED of their duties as counsel in this case. Defendant Boruff is hereby ADMONISHED that his is DEEMED to be proceeding pro se. Signed by Magistrate Judge C Clifford Shirley, Jr on 8/5/16. (c/m to Defendant Boruff) (JBR)

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

v.

DEPLOY MILLER, et al.,
Defendants.

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No. 3:15-CV-545-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 the Motion to Withdraw as Counsel for Defendant Scott Boruff
[Doc. 69]. The Motion requests that Attorneys Lawrence P. Leibowitz, Jennifer K. Hemmelgarn,
Brandon J. Tindell and the Leibowitz Law Firm, PLLC, be allowed to withdraw from
representing Defendant Boruff in this matter. The Motion states that conflicts have arisen in the
course of the attorney-client relationship that precludes further representation in this matter. The
Motion includes Defendant Boruff’s current address and telephone number. Attached to the
Motion is Defendant Boruff’s Consent to Withdrawal. Finally, the Motion requests that the Court
stay this matter for forty-five days so that Defendant Boruff may find new counsel. The Plaintiff
filed a response [Doc. 60] stating that while he does not object to the withdrawal of counsel, she
does object to the request for a stay. The Plaintiff asserts that the pending Motion to Remand has
been fully briefed and that there is no reason to stay or delay a decision on the pending Motion.

The Court finds that the instant Motion complies with the Local Rules of this Court. See
L.R. 83.4(g). In addition, the Court finds good cause to allow counsel to withdraw from
representing Defendant Boruff. The Court expects Attorneys Leibowitz, Hemmelgarn, Tindell,
and the Leibowitz Law Firm, PLLC, to provide copies of any relevant documents to any future
counsel for Defendant Boruff or directly to Defendant Boruff upon request. Otherwise, Attorneys
Leibowitz, Hemmelgarn, Tindell, and the Leibowitz Law Firm, PLLC, are RELIEVED of their
duties as counsel in this case.
With respect to the request to stay this action for forty-five days, the Court finds this
request not well-taken. The pending Motion to Remand has already been briefed and is ready for
adjudication. With respect to the other pending motions in this case, the undersigned held them
in abeyance until a decision on the Motion to Remand is issued. Thus, the Court finds that there
is no basis to stay this action for forty-five days pending Defendant Boruff’s attempt to obtain
new counsel.
Defendant Boruff is hereby ADMONISHED that his is DEEMED to be proceeding pro
se. Until he obtains substitute counsel, it is his obligation to stay up to date on the status of this
case and comply with the deadlines set by the Court. Likewise, if he elects to proceed in this case
without an attorney, he 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. Defendant Boruff,
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 Defendant Boruff plans to retain new counsel,
he should do so as soon as possible.
Accordingly, the Motion to Withdraw as Counsel for Defendant Scott Boruff [Doc. 69] is
hereby GRANTED IN PART AND DENIED IN PART. The Clerk of Court is DIRECTED to

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mail a copy of this Memorandum and Order to Defendant Boruff at the address provided in the
Motion and to enter that address as his contact information in the docket.
IT IS SO ORDERED.
ENTER:

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

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