Opinion
Civil Action No. 3:05-CV-0623-L.
August 8, 2005
ORDER
The court recently noticed that Mr. Douglas R. Larson purported to enter an appearance on July 20, 2005 as "retained" counsel for Plaintiffs Cedric Wayne Davis and Jim Gilliand. At the time of the Notice of Substitution of Counsel, the court had pending before it Plaintiffs' original counsel's, Mr. Phillip E. Layer, Amended Motion to Withdraw as Counsel, filed May 26, 2005. Under these circumstances, a substitution cannot be effective by the mere filing of such a notice. As the court had not ruled on the pending motion, the substitution was not effective at that time. The substitution did not become effective until the court granted Mr. Layer's Amended Motion to Withdraw Counsel on August 4, 2005. The clerk of the court is directed to send all correspondence and notices from the court to Mr. Douglas Larson at the address listed in the Notice of Substitution of Counsel, filed July 20, 2005. Counsel for Defendants is also directed to send all relevant correspondence and court filings to Mr. Larson's address.
In its Memorandum Opinion and Order of August 4, 2005, the court stayed this action until no later than September 20, 2005, to allow Plaintiffs time to obtain counsel. As Plaintiffs have obtained Mr. Larson to represent them, the court vacates that portion of the Memorandum Opinion and Order allowing Plaintiffs time to obtain counsel and staying this action until September 20, 2005. All other portions of the court's Memorandum Opinion and Order issued on August 4, 2005 remain in full effect.
It is so ordered.