Opinion
Case No. 07-CV-12939-DT.
October 14, 2008
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND GRANTING PLAINTIFFS' COUNSEL'S MOTION TO WITHDRAW AS COUNSEL
Before the court are two motions: (1) Defendants' "Motion to Dismiss Pro Se Plaintiffs for Failure to Prosecute" and (2) a motion to withdraw as counsel for Plaintiff Shawn Fleming, filed by Cohen, Milstein, Hausfeld Toll, P.L.L.C. and Steve Siegel Hanson LLP. Both motions were filed August 4, 2008. The deadline for filing a response to either motion has long-since passed, and no opposition briefs have been filed. See E.D. Mich. LR 7.1. The court has reviewed the two unopposed motions and the supporting affidavit, and finds that the requested relief is appropriate. Accordingly,
Although the court does not typically grant motions to withdraw as counsel without a stipulation of substitute counsel, under the circumstances, the court finds that withdrawal is appropriate. Counsel avers that, despite repeated efforts to contact Plaintiff Fleming, Plaintiff has failed to respond to counsel's many efforts. Counsel has certain ethical responsibilities to the client and the court which, quite simply, cannot be fulfilled if Plaintiff refuses to communicate with his attorney.
IT IS ORDERED that Defendants "Motion to Dismiss Pro Se Plaintiffs for Failure to Prosecute" [Dkt. # 33] is GRANTED and Plaintiffs Joseph Antonelli, Frederick Leeper, Craig Blake, Stephen Lukaswewycz, Roger Gagnon, Donald McAtee, Raven Germain, Albert Horton, Jr., Cornell Johnson, Matthew Moore, James Tabor, Joseph Tatum, Steven Wenzel and Douglas Wilkins are DISMISSED with prejudice and without costs or fees.
IT IS FURTHER ORDERED that Plaintiffs' counsel Cohen, Milstein, Hausfeld Toll, P.L.L.C. and Stueve Siegel Hanson LLP's motion to withdraw as counsel for Plaintiff Fleming [Dkt # 34] is GRANTED.