Wyndham Vacation Resorts, Inc. v. The Consulting Group, Inc. et al

Filing 263

MEMORANDUM & ORDER: By July 24, 2014, attorney Walthart shall file a clarification of his status as counsel for one or more parties in this case or, if appropriate, a Motion to Withdraw. Assuming that attorney Walthart no longer represents Superio r, Superior has until August 1, 2014 to have counsel file an appearance on its own behalf. See Doherty v. Am. Motors Corp., 728 F.2d 334 (6th Cir. 1984) ("The rule of this circuit is that a corporation cannot appear in federal court except t hrough an attorney.") Failure to do so will result in a default judgment. The Clerk is directed to forward a copy of this Order to attorney Walhart. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 7/17/14. (xc:Pro se party by regular and certified mail; Atty Brian F. Walthart via email notification)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION
WYNDHAM VACATION RESORTS, INC.,

)
)
Plaintiff,
)
)
v.
)
)
THE CONSULTANT GROUP, SMOKEY
)
MOUNTAIN GETAWAYS, LLC, MOUNTAIN )
GETAWAYS, LLC, JEFF EARLE, SUPERIOR )
VACATIONS, INC. d/b/a SUPERIOR
)
TIMESHARE CLOSING, RAY SPIGNER,
)
MICHAEL DEAN SPIGNER, CHARLES
)
SIMERKA, JUDITH McGINTY, DANIEL
)
GARRETT, and CHRISTAL FRANKLIN,
)
)
Defendants.
)

Case No. 2:12-cv-00096
Judge Aleta A. Trauger

MEMORANDUM & ORDER
Between November 19, 2012 and January 28, 2013, attorney Gregory Oakley, who
worked for the law firm of DHPM, PC (“DHPM”) at the time, filed Notices of Appearance on
behalf of defendants The Consultant Group (“TCG”), Ray Spigner, and Michael Dean Spigner
(Docket No. 5), Judith McGinty (Docket No. 17), and Superior Vacations, Inc. and Superior
Timeshare Closing (“Superior”) (Docket No. 31). On February 29, 2013, attorney Brian
Walthart, who also worked for DHPM at the time, filed a Notice of Appearance of behalf of
defendants TCG, Ray Spigner, Michael Dean Spigner, Superior, and Judith McGinty. (Docket
No. 43.) It appears that, at some point between October 10, 2013 and October 15, 2013, attorney
Oakley switched law firms to Oakley Rieger PLLC. It also appears that attorney Walthart
switched firms to Leitner, Williams, Dooley & Napolitan, PLLC.
On May 30, 2014, attorney Oakley filed a Motion to Withdraw, stating that an
irremediable conflict of interest had arisen among some of his clients, that he could not continue
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to represent them, that the clients consented to his withdrawal as their counsel, that he was
working with them to obtain new counsel, and that the parties “expect to secure substitute
representation shortly.” (Docket No. 228.) The court granted the motion on June 2, 2014.
(Docket No. 230.) Attorney Walthart did not file a corresponding motion seeking to withdraw,
which the court presumes was an oversight.
On June 17 and July 8, 2014, attorneys at the law firm of McKellar Hyde, PLC filed
appearances on behalf of TCG and the Spigners. (Docket Nos. 236 and 247.) Subsequent to Mr.
Oakley’s withdrawal, no attorneys have appeared on behalf of Superior or individual defendants
Garrett and Franklin.
By July 24, 2014, attorney Walthart shall file a clarification of his status as counsel for
one or more parties in this case or, if appropriate, a Motion to Withdraw. Assuming that attorney
Walthart no longer represents Superior, Superior has until August 1, 2014 to have counsel file an
appearance on its own behalf. See Doherty v. Am. Motors Corp., 728 F.2d 334 (6th Cir. 1984)
(“The rule of this circuit is that a corporation cannot appear in federal court except through an
attorney.”) Failure to do so will result in a default judgment.
The Clerk is directed to forward a copy of this Order to attorney Walhart.
It is so ORDERED.
Enter this 17th day of July 2014.
_____________________________
ALETA A. TRAUGER
United States District Judge

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