Wyndham Vacation Resorts, Inc. v. VO Financial of TN, Inc.
Filing
30
ORDER granting 27 Motion to Withdraw as Attorney. Defendant is GRANTED a period of 45 days from the date of this order within which to secure new counsel; denying without prejudice 25 Motion for Modification of the Case Mgt Order; denying as moot 12 Motion to Stay. Signed by Magistrate Judge John S. Bryant on 3/28/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
WYNDHAM VACATION RESORTS, INC.,)
)
Plaintiff
)
)
v.
)
)
VO FINANCIAL, TN, INC.,
)
)
Defendant
)
No. 3:13-0087
Judge Nixon/Bryant
Jury Demand
O R D E R
There are three motions pending in this case: Defendant’s
Motion to Stay Discovery (Docket Entry No. 12), Plaintiff’s Motion
for Modification of the Case Management Order (Docket Entry No. 25)
and the Motion of John D. Kitch to Withdraw as Counsel for
Defendant (Docket Entry No. 27).
First, the undersigned Magistrate Judge finds that Mr.
Kitch’s motion for leave to withdraw as counsel should be GRANTED.
Mr. Kitch is directed to send a copy of this order to his client at
the address of record.
The Defendant is admonished that, as a corporation, it
may not proceed in this action unless represented by an attorney.
Rowland v. Calif. Men’s Colony, 506 U.S. 194, 201-02 (1993); Local
Rule 83.01(d)(3). Defendant is GRANTED a period of 45 days from the
date of this order within which to secure new counsel. Defendant is
advised that its failure to secure counsel within this period may
subject it to judgment by default.
Given the foregoing ruling the undersigned Magistrate
Judge finds that entry of a revised case management order at this
time is premature and should be delayed until the status of
representation
of
the
Defendant
is
resolved.
Accordingly,
Plaintiff’s current motion for modification of the case management
order is DENIED without prejudice to the filing of a similar
motion, if appropriate, when Defendant secures new representation.
Defendant’s Motion to Stay Discovery is likewise DENIED as moot.
It is so ORDERED.
/s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?