Woo v. Ochiai Georgia, LLC (TV2)
MEMORANDUM AND ORDER granting in part and denying in part 45 Motion to Withdraw as Attorney. Attorney Breeding is RELIEVED of her duties as counsel in this case. The Court will grant the Defendant thirty (30) days to obtain n ew counsel. After thirty days, the Defendant is DEEMED to be proceeding pro se. The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to the Defendant at the address provided in the Motion for Withdrawal and to update ECF accordingly. Signed by Magistrate Judge H Bruce Guyton on 7/18/17. (copy mailed to Defendant c/o Eddie Sohn, 1853 Brittlebank Ln, Lawrenceville, GA 30043) (JBR)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
YANK KOO WOO,
OCHIAI GEORGIA, LLC,
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 for Withdrawal and Stay of Proceedings [Doc. 45], filed
by Attorney Shelley S. Breeding. Attorney Breeding states that she filed a Notice of Appearance
pursuant to Local Rule 83.4(a) as associated by counsel personally retained by the Defendant. The
Motion explains that the Defendant has severed representation with lead counsel in Chicago and
that Attorney Breeding was directed by lead counsel in Chicago to withdraw from this action as a
direct response to the Defendant terminating representation. 1 Further, the Motion explains that the
Defendant is currently in negotiations for substitute counsel. In addition, Attorney Breeding
submits that the Defendant has communicated that it is unable to continue with local counsel after
severing representations with lead counsel in Chicago. Attorney Breeding continues that she has
attempted to communicate directly with the Defendant regarding her withdrawal and that on June
16, 2017, she forwarded a copy of the instant Motion to the Defendant. She further explains that
The Court notes that the only counsel that has appeared on behalf of the Defendant in
this matter is Attorney Shelley Breeding.
she has not received a response from the Defendant. Finally, she requests a sixty-day stay of this
action in order for the Defendant to secure substitute counsel.
Pursuant to Local Rule 83.4, in order to withdraw from a case, an attorney must do the
(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
The Court finds that Attorney Breeding’s Motion for Withdrawal complies with the Local
Rules. In addition, Attorney Breeding’s Motion explains that the Defendant has communicated
that it is unable to continue with her representation. Further, Attorney Breeding has attempted to
communicate directly with the Defendant regarding representation, but the Defendant has not
Accordingly, Attorney Breeding’s request to withdraw is well-taken, and it is
GRANTED. The Court expects Attorney Breeding to provide copies of any relevant documents
to any future counsel for the Defendant or directly to the Defendant upon request. Attorney
Breeding is RELIEVED of her duties as counsel in this case.
The Motion also requests that the Court stay this action for sixty days so that the Defendant
may obtain new counsel. The Court will grant the Defendant thirty (30) days to obtain new
counsel. After thirty days, the Defendant is DEEMED to be proceeding pro se. Until it obtains
substitute counsel, it is the Defendant’s obligation to stay up to date on the status of this case and
comply with the deadlines set by the Court. See also E.D. Tenn. L.R. 7.1. However, the Defendant
is ADMONISHED that “corporations, partnerships, and associations cannot appear in federal
court except through a licensed attorney.” In re Classicstar Mare Lease Litigation, No. 5:07-cv353, 2009 WL 1468594, at *1 (E.D. Ky. May 13, 2009). Accordingly, the Motion for Withdrawal
and Stay of Proceedings [Doc. 45] is GRANTED IN PART AND DENIED IN PART. The
Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to the Defendant at
the address provided in the Motion for Withdrawal and to update ECF accordingly.
IT IS SO ORDERED.
United States Magistrate Judge
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