Opinion
2:21-cv-00360-JAD-DJA
04-04-2022
MST Management, LLC, et al., Plaintiffs, v. Chicago Doughnut Franchise Company, LLC, et al., Defendants. And all related claims.
ORDER
DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE
Defendants Bryan Morelle, Marc Freeman, Ric McKown, and Montiedell “Monty” Maple's counsel-Michael A. Royal, Gregory A. Miles, Cabrach J. Connor, Jennifer Tatum Lee, and John M. Shumaker (collectively, “Counsel”)-have moved to withdraw, explaining that Defendants Morelle, Freeman, McKown, and Maple have decided to represent themselves in this matter. (ECF No. 126). Counsel explain that they will continue to represent Defendants Mark Publicover and Steve Moulton. (Id. at 5). Counsel add that they will serve notice of the motion to withdraw on the affected clients and opposing counsel “pursuant to the certificate of service attached herein.” (Id. at 2). However, counsel does not list the affected clients on the certificate of service.
Under Local Rule (“LR”) IA 11-6(b), “[i]f an attorney seeks to withdraw after appearing in a case, the attorney must file a motion or stipulation and serve it on the affected client and opposing counsel.” LR IA 11-6(b). “The affected client may, but is not required to, file a response to the attorney's motion within 14 days of the filing of the motion.” LR IA 11-6(b). The Court finds that Counsel has met the requirements of LR IA 11-6(b) except for including a certificate of service with Morelle, Freeman, McKown, and Maple's last known addresses. The Court nonetheless grants the motion because Counsel indicate that Morelle, Freeman, McKown, and Maple have expressed their desire to proceed pro se. Counsel is thus directed to serve a copy of the motion and this order on Morelle, Freeman, McKown, and Maple.
IT IS THEREFORE ORDERED that Counsel's motion to withdraw (ECF No. 126) is granted. The Clerk of Court is kindly directed to add Bryan Morelle, Marc Freeman, Ric McKown, and Montiedell “Monty” Maple's last known addresses to the civil docket and send a copy of this order to them.
Bryan Morelle
5 Augusta Course Ave Las Vegas, NV 89148 Phone: (315) 725-4767 Email: bmorelle@thedapperdoughnut.com
Marc Freeman
PO Box 2200 Fairfield, IA 52556 Phone: (917) 669-7251 Email: marc108@icloud.com
Ric McKown
262 Alder Point Colorado Springs, CO 80904 Phone: (408) 750-4946 Email: ricmckown@pacbell.net
Montiedell “Monty” Maple
2536 New Salem Ave. Henderson, NV 89052 Phone: (702) 927-8050 Email: mdm55@mac.com
IT IS FURTHER ORDERED that Counsel shall serve a copy of the motion to withdraw and a copy of this order on Bryan Morelle, Marc Freeman, Ric McKown, and Montiedell “Monty” Maple.
IT IS FURTHER ORDERED that Bryan Morelle, Marc Freeman, Ric McKown, and Montiedell “Monty” Maple must advise the Court whether they will retain new counsel or proceed pro se by Wednesday, May 4, 2022.