Beam v. Smoky Mountain Trout House, Inc. (TWP1)
ORDER granting 26 Motion to Withdraw as Attorney. The Plaintiff is hereby ADMONISHED that he is DEEMED to be proceeding pro se. Within thirty days of entry of this Memorandum and Order, the Plaintiff SHALL advise the Court with respect to his efforts to obtain counsel or whether he intends to continue to proceed pro se. The parties SHALL appear before this Court for a status conference in this case on October 31, 2017, at 1:30 p.m. Signed by Magistrate Judge C Clifford Shirley, Jr on 9/11/2017. (Copy mailed to Jamie Beam, 2316 Cosby Highway, Newport, Tennessee 37821) (KMK, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
SMOKY MOUNTAIN TROUT HOUSE, INC.,
MEMORANDUM AND ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636(c), Rule 73(b) of the
Federal Rules of Civil Procedure, and the consent of the parties, for all further proceedings,
including entry of judgment [Doc. 20].
Now before the Court is a Motion for Permission to Withdraw as Counsel of Record [Doc.
26], filed by Plaintiff’s attorneys. Attorneys James Friauf and Ariana Mansolino state that the
Plaintiff has continuously failed to communicate with them, has failed to provide requested
information, and has not participated in this case. Attorneys Friauf and Mansolino state that the
Plaintiff’s failure to participate has rendered representation impossible. The Motion continues that
the parties will not suffer prejudice as a result of the withdrawal. The Motion explains that the
Complaint was recently amended to eliminate a cause of action under the Federal Labor Standards
Act and that the only remaining cause of action is retaliation. The Motion states that continuing
representation in this matter will cause the attorneys great hardship because it will require them to
put forth extensive time and resources for a matter that the Plaintiff may have abandoned.
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 the Motion for Permission to Withdraw [Doc. 26] complies with the
Local Rules, and it is GRANTED. The Court expects Attorneys Friauf and Mansolino to provide
copies of any relevant documents to any future counsel for the Plaintiff or directly to the Plaintiff
upon request. Attorneys James Friauf and Ariana Mansolino are hereby RELIEVED of their
duties as counsel in this case.
The Plaintiff is hereby ADMONISHED that he 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. The Plaintiff, like
any other party, will be expected to comply with the Federal Rules of Civil Procedure, the Local
Rules, and the Court’s Orders. Within thirty days of entry of this Memorandum and Order, the
Plaintiff SHALL advise the Court with respect to his efforts to obtain counsel or whether he
intends to continue to proceed pro se. The parties SHALL appear before this Court for a status
conference in this case on October 31, 2017, at 1:30 p.m.
The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to the
Plaintiff at the address provided in the Motion for Permission to Withdraw as Counsel of Record
and to update ECF accordingly.
IT IS SO ORDERED.
s/ C. Clifford Shirley, Jr.
United States Magistrate Judge
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