Brodnik v. Lanham et al
Filing
147
MEMORANDUM OPINION AND ORDER setting a hearing on 146 MOTION by Paul J. Harris to Withdraw as Counsel for 12/5/2022 at 2:30 PM in Bluefield before Senior Judge David A. Faber; and continuing the deadline for the parties to file an amended report of Rule 26(f) meeting and Scheduling Order Worksheet until further Order of the Court. Signed by Senior Judge David A. Faber on 11/7/2022. (cc: counsel of record) (mk)
Case 1:11-cv-00178 Document 147 Filed 11/07/22 Page 1 of 2 PageID #: 993
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
RANDY MICHAEL BRODNIK, D.O.,
Plaintiff,
v.
Civil Action No. 1:11-00178
ROBERT LANHAM, et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
Pending before the court is the motion of counsel for
plaintiff, Paul J. Harris, to withdraw as counsel in this matter.
See ECF No. 146.
In support of his motion to withdraw, Mr.
Harris states that plaintiff “has expressed written
dissatisfaction with Harris’ representation” and “has retained
other counsel[.]”
Id.
However, as of this date, no other
attorney has filed a Notice of Appearance on behalf of plaintiff
in this action.
Local Rule of Civil Procedure 83.4 which governs the
withdrawal and/or termination of representation provides as
follows:
An attorney may withdraw from a case in which he or she has
appeared only as follows:
(a)
By Notice of Withdrawal. A party’s attorney may
withdraw from a case by filing and serving a notice of
withdrawal, effective upon filing, if:
(1) multiple attorneys have appeared on behalf of the
party; and
(2) at least one of those attorneys will still be the
party’s counsel of record after the attorney
seeking to withdraw does so.
Case 1:11-cv-00178 Document 147 Filed 11/07/22 Page 2 of 2 PageID #: 994
(b)
(c)
By Notice of Withdrawal and Substitution. A party’s
attorney may withdraw from a case by filing and serving
a notice of withdrawal and substitution, effective upon
filing, if the notice includes:
(1) the withdrawal and substitution will not delay the
trial or other progress of the case; and
(2) the notice is filed and served at least 90 days
before trial.
By Motion. An attorney who seeks to withdraw other
than under LR 83.4(a) or (b) must move to withdraw and
must show good cause. The attorney must notify his or
her client of the motion.
The motion, standing alone, does not satisfy the court that good
cause exists to allow Mr. Harris to withdraw as counsel.
Therefore, the court sets a hearing on the motion for December 5,
2022, at 2:30 p.m., in Bluefield.
copy of this Order to plaintiff.
Mr. Harris should provide a
In the event that Mr. Brodnik’s
new counsel files a notice of appearance prior to the December 5
hearing, the court will consider whether LR 83.4(b) allows for
Mr. Harris’ withdrawal.
The deadline for the parties to file an amended report of
Rule 26(f) meeting and Scheduling Order Worksheet is CONTINUED
until further Order of the court.
The Clerk is directed to send a copy of this Order to
counsel of record.
IT IS SO ORDERED this 7th day of November, 2022.
ENTER:
David A. Faber
Senior United States District Judge
2
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