Opinion
23-11720
11-27-2024
AZIZ FETINCI, et al., Plaintiffs, v. RAYCO LOGISTICS, LLC, et al., Defendants.
ORDER REQURING DEFENDANTS TO COMPLY WITH LOCAL RULE 11.2 AND SHOW CAUSE WHY THEY SHOULD NOT BE SANCTIONED
Robert J. White United States District Judge
On August 5, 2024, Defendants' attorneys filed a motion to withdraw as counsel in this case, citing several reasons, including Defendants' supposed refusal to pay for their legal services rendered and an overall “disintegration of the attorney-client relationship.” ECF No. 33, PageID.419. The Court held a hearing on the motion on September 30, 2024 and granted it by written order on October 9, 2024. In that order, the Court scheduled a remote status conference with the Parties a few weeks out and required, among other things, that “communications with Defendants ... be directed to [Defendant] Ray Laamari” at a certain phone number, email address, and mailing address provided by his now-withdrawn counsel; and that “Defendants shall retain new counsel” by November 8, 2024. ECF No. 42, PageID.453-454.
On November 26, 2024, the Court held the scheduled status conference. In attendance were Plaintiffs' attorneys and Mr. Laamari. During the conference, Mr. Laamari admitted that he has failed to comply with the Court's order to retain counsel by November 8, 2024, and Plaintiffs' counsel stated that no Defendants- including Mr. Laamari-have been responsive to Plaintiffs' repeated communications directed to them at the contact information provided by Defendants' former counsel. See ECF Nos. 33-1 (motion to withdraw), 42 (order). Accordingly:
IT IS HEREBY ORDERED that within 14 days of this Order, Defendants shall comply with E.D. Mich. LR 11.2, which requires that “every party not represented by an attorney must include his or her contact information consisting of his or her address, e-mail address, and telephone number on the first paper that person files in a case,” and “[i]f there is a change in the contact information, that person promptly must file and serve a notice with the new contact information.” See also Fed.R.Civ.P. 11(a) (requiring filed papers “must be signed ... by a party personally if the party is unrepresented” and “state the signer's address, e-mail address, and telephone number”). This notice should be sent to the Clerk of the Court at the following address:
United States District Court,
Clerk's Office
231 Lafayette Boulevard
Detroit, Michigan 48226
And the notice shall include the following information:
• Defendant's name
• Defendant's new Address
• Defendant's new e-mail address and/or telephone number
• This case number
IT IS FURTHER ORDERED that if Defendants do not timely file a notice indicating their change of address and/or decline to retain counsel, they shall show cause within 14 days of this Order why they should not be “subject to appropriate sanctions, which may include dismissal, default judgment, and costs.” E.D. Mich. LR 11.2.
IT IS FURTHER ORDERED that within 14 days of this Order, Defendants shall demonstrate that they have retained new counsel through notices of new counsel's appearance on the docket, or else file a notice on the docket indicating that they will be proceeding pro se in this case.
IT IS FURTHER ORDERED that within 5 days of this Order, Plaintiffs must file a certificate of service indicating they served by email and U.S. regular mail a copy of this Order at the addresses Defendants' former counsel provided in their filings in this case, at the addresses Defendants may provide in compliance with this Order, and any other addresses known or suspected to reach Defendants.
IT IS FURTHER ORDERED that until Defendants retain counsel to accept service on their behalf, Plaintiffs shall comply with the above service requirement for all copies of their future filings in this case, save the certificates of service themselves.