Humphrey v. CRC Health Tennessee, Inc.

Filing 18

ORDER granting 15 MOTION to Withdraw as Attorney. The Clerk is directed to terminate Mark J. Downton and Graham Prichard as counsel for the plaintiff. A Case Management Conference set for 9/11/2012 at 10:00 AM before Magistrate Judge Juliet E. Grif fin. While it appears that scheduling deadlines will have to be modified, as the defendant addressed in its response, until and unless otherwise ordered, the deadlines provided in the orders entered 10/14/2011, and 10/19/2011 (Docket Entry No. 11-13), including, but not limited to, the 2/26/2013, trial remain in full force and effect. Signed by Magistrate Judge Juliet E. Griffin on 9/4/12. (dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
RICHIE HUMPHREY
v.
CRC HEALTH TENNESSEE INC.

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No. 3-11-0679

ORDER
Inasmuch as new counsel has entered an appearance on behalf of the plaintiff (Docket Entry
No. 17), the motion to withdraw filed by Mark J. Downton and Graham Prichard (Docket Entry
No. 15) is GRANTED.1
The Clerk is directed to terminate Mark J. Downton and Graham Prichard as counsel for the
plaintiff.
Because of the concerns raised by the defendant in its response (Docket Entry No. 16) to the
motion to withdraw, including but not limited to, the defendant's assertion that the plaintiff had,
through his prior counsel, agreed to dismiss the plaintiff's claims under the ADA and for breach of
contract, a case management conference is scheduled on Tuesday, September 11, 2012, at
10:00 a.m., in Courtroom 764, U.S. Courthouse, 801 Broadway, Nashville, TN.
While it appears that scheduling deadlines will have to be modified, as the defendant
addressed in its response, until and unless otherwise ordered, the deadlines provided in the orders
entered October 14, 2011, and October 19, 2011 (Docket Entry No. 11-13), including, but not limited
to, the February 26, 2013, trial remain in full force and effect.

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The Court notes that Mr. Downton and Mr. Prichard did not comply with Local Rule
83.01(g), which requires that counsel attach a copy of a letter written to the plaintiff at least 14 days
before the motion is filed. Local Rule 83.01 (g) also provides that a motion to withdraw as counsel
is normally addressed by the trial judge rather than the case manager. However, since new counsel
has entered an appearance on behalf of the plaintiff and because counsel certified that a copy of the
motion had been mailed to the plaintiff over two months ago, it is nonetheless appropriate for the
Magistrate Judge to grant the motion at this time.

The Clerk is further directed to send a copy of this order to Mark J. Downton and Graham
Prichard, as well as to new counsel for the plaintiff and counsel for the defendant.
It is so ORDERED.

JULIET GRIFFIN
United States Magistrate Judge

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