Opinion
2:23-cv-00023-GMN-DJA
08-07-2023
Danielle Rhodes and Juanterri Rhodes, Plaintiffs, v. State Farm Fire and Casualty Company; et al., Defendants.
ORDER
DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE
Plaintiffs' counsel-Paul D. Powell, Esq.; Tom W. Stewart, Esq.; and Traysen N. Turner, Esq. of the Powell Law Firm-have moved to withdraw their representation of Plaintiffs Danielle Rhodes and Juanterri Rhodes explaining that counsel and Plaintiffs have a disagreement regarding representation. (ECF No. 17). They further explain that discovery does not close until December 8, 2023, which gives Plaintiffs sufficient time to retain new counsel. (Id.). Plaintiffs have not responded to the motion to withdraw.
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). Under Local Rule 7-2(d) the failure of a party to oppose a motion constitutes that party's consent to the granting of the motion. The Court finds that Plaintiffs' counsel has met the requirements of LR IA 11-6(b). Plaintiffs have also not responded, constituting their consent to the granting of the motion.
IT IS THEREFORE ORDERED that Paul D. Powell, Esq.; Tom W. Stewart, Esq.; and Traysen N. Turner, Esq.'s motion to withdraw (ECF No. 17) is granted. The Clerk of Court is kindly directed to remove Paul D. Powell, Esq.; Tom W. Stewart, Esq.; and Traysen N. Turner, Esq. as counsel of record and from the electronic service list for this case.
IT IS FURTHER ORDERED that the Clerk of the Court shall add the last known address of Plaintiffs to the civil docket and send a copy of this order to Plaintiffs' last known address:
Danielle Rhodes
Juanterri Rhodes
2121 E. Capitol Drive
Milwaukee, Wisconsin 53211
IT IS FURTHER ORDERED that on or before September 6, 2023, Plaintiffs must file a status report with the Court indicating whether they will proceed in this action pro se or will retain counsel. Alternatively, if Plaintiffs obtain new counsel before September 6, 2023, their new counsel may file a notice of appearance in this case on or before September 6, 2023 in lieu of a status report. Failure to comply with this order may result in a recommendation to the district judge that this case be dismissed.