Phillips v. Walmart, Inc. (TWP2)

Filing 21

ORDER: the Court finds that Attorney Ward's Motion to Withdraw [Doc. 19] complies with the Local Rules, and therefore, the same is GRANTED. Attorney Ward and his firm, Young Williams & Ward, P.C., are RELIEVED of their duties as counsel in this case. Plaintiff is hereby ADMONISHED that she is DEEMED to be proceeding pro se. Until she obtains substitute counsel, it is her obligation to stay up to date on the status of this case and comply with the deadlines set by the Cou rt. 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 to Withdraw and to update ECF accordingly. Signed by Magistrate Judge H Bruce Guyton on July 12, 2019. (copy mailed to Ellen Phillips, 717 Dawson Creek Lane, Knoxville, TN 37922) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

ELLEN PHILLIPS,
Plaintiff,
v.
WALMART, INC., and WAL-MART STORES
EAST, LP,
Defendants.

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No. 3:19-CV-69-HBG

ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636(c), Rule 73 of the Federal
Rules of Civil Procedure, and the consent of the parties, for all further proceedings, including entry
of judgment [Doc. 14].
Now before the Court is an Amended Motion to Withdraw as Plaintiff’s Counsel [Doc.
19], filed by Attorney Hugh Ward, Jr. The Motion requests that Attorney Ward and his law firm
be permitted to withdraw from representing Plaintiff in this matter because the attorney-client
relationship is untenable. The Motion states that defense counsel has been advised of the request
to withdraw. Further, the Motion provides Plaintiff’s current address and telephone number, and
Attorney Ward states that he mailed Plaintiff a copy of the Motion on June 25, 2019. Attorney
Ward states that he received a text message from Plaintiff demanding cessation of further
communication.

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 Ward’s Motion to Withdraw [Doc. 19] complies with the
Local Rules, and therefore, the same is GRANTED. The Court expects Attorney Ward to provide
copies of any relevant documents to any future counsel for Plaintiff or directly to Plaintiff upon
request. Attorney Ward and his firm, Young Williams & Ward, P.C., are RELIEVED of their
duties as counsel in this case.
Plaintiff is hereby ADMONISHED that she is DEEMED to be proceeding pro se. Until
she obtains substitute counsel, it is her obligation to stay up to date on the status of this case and
comply with the deadlines set by the Court. Likewise, if she elects to proceed in this case without
an attorney, she 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. Plaintiff, like any other party, will
be expected to comply with the Federal Rules of Civil Procedure, the Local Rules, and the Court’s
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Orders. 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 to Withdraw and to update ECF accordingly.
IT IS SO ORDERED.
ENTER:

United States Magistrate Judge

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