Opinion
Case No. 08-CV-14792.
December 11, 2009
Before the court is a "Motion to Withdraw as Counsel," filed by Defendant's attorneys, Mark A. Cantor and Brian S. Tobin. The court conducted a hearing on the Motion on December 10, 2009. For the reasons stated fully on the record, the Motion will be granted. A separate order will issue imposing certain obligations on Attorneys Cantor and Tobin. As Defendant no longer has counsel of record, Defendant is effectively proceeding pro se, and he will continue to do so until he acquires the services of a substitute attorney.
Defendant Jae L. Burnham was ordered to attend the hearing; however, he failed to appear. Defendant informed his attorney, Mr. Tobin, via an email sent the morning of the hearing at 3:50 a.m. that he would be unable to attend because of the road conditions.
Having resolved defense counsel's "Motion to Withdraw," the court will lift the stay on the briefing on the "Motion to Enforce Judgment." Defendant shall have until December 28, 2009, to file a response to the "Motion to Enforce Judgment." Accordingly,
IT IS ORDERED that Mark A. Cantor and Brian S. Tobin's "Motion to Withdraw as Counsel" [Dkt # 32] is GRANTED. Until Defendant finds substitute counsel, he shall be deemed to be proceeding pro se.
IT IS FURTHER ORDERED that the stay on the briefing on the "Motion to Enforce Judgment" [Dkt. #31] is lifted. Defendant shall have until December 28, 2009, to file a response to the "Motion to Enforce Judgment" [Dkt. #31].