Osborne et al v. Kniceley (PLR1)

Filing 44

MEMORANDUM AND ORDER granting (39) Motion to Withdraw as Attorney. The Plaintiffs are hereby ADMONISHED that they are DEEMED to be proceeding pro se in their prosecution of damages, See No. 3:16-cv-24. Signed by Magistrate Judge H Bruce Guyton on 4/19/17. Associated Cases: 3:16-cv-00004-PLR-HBG, 3:16-cv-00024-PLR-HBG (c/m to Plaintiffs) (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

CARL C. OSBORNE, Surviving Spouse and
)
Next of Kin of Deceased, JANICE K. OSBORNE, )
)
Plaintiff,
)
)
v.
)
)
STEVEN E. KNICELEY and
)
GILBERT WYATT,
)
)
Defendants,
)
)
)
STEVEN E. KNICELEY and
)
TARA KNICELEY,
)
)
Plaintiffs,
)
)
v.
)
)
CARL C. OSBORNE, Surviving Spouse and
)
Next of Kin of Deceased, JANICE K. OSBORNE, )
and GILBERT WYATT,
)
)
Defendant.
)

No. 3:16-CV-4-PLR-HBG
Lead Case Consolidated with

No. 3:16-CV-24-PLR-HBG

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 [Doc. 39], filed on April 12, 2017. The
Motion requests that Attorney Jon Cope be permitted to withdraw as counsel of record for
Plaintiffs Steven Kniceley and Tara Kniceley. The Motion explains that there has been a lack of
communication between the Plaintiffs and their counsel, which substantially effects counsel’s

preparations in proceeding with this case. The Motion includes the Plaintiffs’ address and
telephone number. Further, Attorney Cope states that the Motion was sent to the Plaintiffs fourteen
days prior to filing.
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 Cope’s Motion to Withdraw [Doc. 39] complies with the
Local Rules, and it is hereby GRANTED. The Court expects Attorney Cope to provide copies of
any relevant documents to any future counsel for the Plaintiffs or directly to the Plaintiffs upon
request. Attorneys Cope is RELIEVED of his duties as counsel in this case.
The Plaintiffs are hereby ADMONISHED that they are DEEMED to be proceeding pro
se in their prosecution of damages, See No. 3:16-cv-24. Until they obtain substitute counsel, it is
their obligation to stay up to date on the status of this case and to comply with the deadlines set by
the Court. Likewise, if they elect to proceed in this case without an attorney, they are responsible

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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. Plaintiffs, like any other party, will be expected to comply with
the Federal Rules of Civil Procedure, the Local Rules, and the Court’s Orders. The Clerk of Court
is DIRECTED to mail a copy of this Memorandum and Order to the Plaintiffs at the address
provided in the Motion to Withdraw and to update ECF accordingly.
IT IS SO ORDERED.
ENTER:

United States Magistrate Judge

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