Bonner et al v. Bank of America, National Association

Filing 19

ORDER denying 17 Motion to Withdraw as Attorney as to Attorney Morgan and granting 17 Motion by Attorney Youngblood to be entered as counsel of record for Plaintiffs. The motion of Attorney Morgan to withdraw is DENIED and she shall have until December 11, 2015 to file either a proper notice to withdraw that complies with Local Rule 83.4(f) or a proper motion to be admitted pro hac vice. The Show Cause Hearing Scheduled to take place on November 13, 2015 at 9:30 a.m. [EASTERN] is CANCELLED. Signed by Magistrate Judge Susan K Lee on 11/12/2015. (KRS, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT WINCHESTER
OZIE BONNER AND TERRY BONNER,
Plaintiffs,
v.
BANK OF AMERICA, N.A.,
Defendant.

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No. 4:15-cv-50-HSM-SKL

ORDER
Before the Court is a motion to withdraw and substitute filed by Attorney Kara Lee
Youngblood1 and Attorney Cindy H. Morgan (“Attorney Youngblood” and “Attorney Morgan”)
on behalf of Plaintffs Ozie and Terry Bonner (“Plaintiffs”) [Doc. 17]. The motion requests that
Attorney Morgan be allowed to withdraw due to “time constraints” imposed due to the Court’s
Order to Show Cause [Doc. 16].

Attorney Morgan states she wishes to withdraw from

representation of Plaintiff at this time until she can be properly admitted to the Court and cites her
preparation and “desire to present this matter before this court.”
The motion to withdraw fails to fully comply with the requirements of E.D. Tenn. L.R.
83.4. To withdraw from a case the attorney must meet all requirements of Local Rule 83.4 and
because Attorney Morgan’s motion to withdraw does not fully comply with Local Rule 83.4(g),
the Court lacks sufficient information to comfortably consider the motion.
Accordingly, the motion is GRANTED IN PART AND DENIED IN PART. The
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The Court’s records indicate that Attorney Youngblood was admitted to practice in the U.S.
District Court, Eastern District of Tennessee on October 15, 2015. The motion to withdraw and
substitute was filed by Attorney Youngblood in the docket of this case through the Court’s
CM/ECF system. Though the motion is not properly “signed” by either Attorney Morgan or
Attorney Youngblood, the Court will accept this filing as a notice of appearance by Attorney
Youngblood on behalf of Plaintiffs and she shall be entered as counsel of record for Plaintiffs.

motion of Attorney Youngblood to be entered as counsel of record for Plaintiffs is GRANTED.
The motion of Attorney Morgan to withdraw is DENIED. Attorney Morgan shall have until
December 11, 2015 to file either: (1) a proper notice to withdraw that complies with Local Rule
83.4(f) (“Where a party is represented by multiple counsel of record, an attorney may withdraw,
provided the party is still being represented by another attorney of record, upon the filing of a
notice of withdrawal.”); or (2) a proper motion to be admitted pro hac vice that fully complies with
the applicable local rules for admittance (including proper registration for the Court’s electronic
case filing pursuant to Rule 5 of the Court’s Electronic Case Filing Rules and Procedures).
The Show Cause Hearing Scheduled to take place on November 13, 2015 at 9:30 a.m.
[EASTERN] is CANCELLED.
SO ORDERED.
ENTER:
s/fâátÇ ^A _xx
SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE

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