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)

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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

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