Scherber Companies LLC v. T. Scherber Demolition & Excavating L.L.C.

Background

The court was informed that T. Scherber Demolition & Excavating L.L.C. (TSDE) had terminated its attorneys—Emeric Dwyer, Francis Rondoni, and Jeffrey O’Brien of Chestnut Cambronne PA. The order addressed how those attorneys should withdraw and how the parties should handle communications with the court.

Withdrawal of Counsel

The court explained that Minnesota’s professional-conduct rules require a lawyer to withdraw when the client has discharged the lawyer. Under District of Minnesota Local Rule 83.7, an attorney may withdraw by notice in some circumstances, but must file a motion showing good cause when withdrawal would leave a party without counsel.

Because TSDE appeared to have discharged its lawyers, the court ordered defense counsel to file a motion to withdraw that fully complies with Local Rule 83.7(c) within 10 days of the order, unless TSDE had obtained substitute counsel. The court did not grant or deny a motion to withdraw; it ordered counsel to file one. The court also stated that, because TSDE is a limited liability company, it cannot appear without a lawyer through its owners or other representatives. The order noted that immediate withdrawal could leave TSDE unrepresented and potentially subject it to default and, upon motion, a default judgment.

Plaintiff’s Email Request and Court’s Rulings

Counsel for Scherber Companies raised concerns about an email from TSDE’s principals, Trevor and Missy Scherber. The email included materials sent to the court without copying opposing counsel or TSDE’s lawyers. The court had already told the principals—whom it described as non-attorneys—that they could not communicate directly with the court about the case without copying the required parties.

The court said it would not consider the matters raised in the earlier email. It also declined to address the claim that TSDE had waived attorney-client privilege because no briefing or formal motion had been filed. The court further stated that it would not consider the substantive allegations made in the ex parte materials in connection with the withdrawal motion or elsewhere in the case.

Disposition

The order required defense counsel to file a compliant motion to withdraw within 10 days unless substitute counsel had been obtained. It addressed the email-communication concerns but did not decide the privilege-waiver issue or the substantive allegations in the communications. The order was issued by United States Magistrate Judge Katherine Menendez.