Fonchenela v. Wal-Mart Stores, Inc.
- Donovan Frank
- 0:19-cv-02774
- U.S. District Court · District of Minnesota
- 6
In Fonchenela v. Wal-Mart Stores, Judge Leung granted counsel’s withdrawal, withdrew Fonchenela’s attorney-change request, and left her representing herself.
Marie Therese N. Fonchenela became responsible for representing herself after Michael Fondungallah and Fondungallah & Kigham, LLC were allowed to withdraw. The order also imposed service and filing duties on Fondungallah and administrative duties on the clerk.
What happened
In Fonchenela v. Wal-Mart Stores, Inc., attorney Michael Fondungallah asked to stop representing Marie Therese N. Fonchenela. Fonchenela also asked to change attorneys, but said at the hearing that she wanted Fondungallah to continue representing her.
The court found a complete breakdown in the attorney-client relationship and granted Fondungallah’s motion to withdraw without a replacement attorney. Fonchenela’s request to change attorneys was withdrawn, and she became responsible for representing herself while following the case’s deadlines, court orders, and federal rules.
The order was signed by Magistrate Judge Tony N. Leung. It also required Fondungallah to send Fonchenela the order and scheduling order, directed the clerk to update Fonchenela’s contact information, and warned that failing to follow court requirements could lead to sanctions or dismissal.
The detailed version
- Fonchenela v. Wal-Mart Stores, Inc. · No. 0:19-cv-02774
- Donovan Frank
- May 17, 2021
Background
The court considered attorney Michael Fondungallah’s motion to withdraw as counsel for Marie Therese N. Fonchenela and Fonchenela’s application to change attorneys. The court held a hearing on May 14, 2021. Fondungallah appeared and argued the motion. The defendants appeared through counsel and stated that they did not object, but otherwise did not participate. Fonchenela appeared at the hearing. Her request to change attorneys was withdrawn, and the court granted Fondungallah’s motion during the hearing.
Analysis
Under District of Minnesota Local Rule 83.7(c), an attorney may withdraw without a replacement attorney only after showing good cause. The court found, based on the record and Fondungallah’s statements during a portion of the hearing held outside the presence of others, that there had been a complete breakdown in the attorney-client relationship. The court therefore concluded that good cause existed for withdrawal without substitution.
The court stated that Fondungallah and his law firm were no longer counsel of record for Fonchenela. Fonchenela was proceeding without a lawyer. The court reminded her that representing herself did not excuse her from complying with court orders, deadlines, or the Federal Rules of Civil Procedure. It also warned that failure to prosecute the case or comply with those requirements could result in dismissal under Rule 41(b).
Order
The court ordered that:
- Fondungallah’s motion to withdraw as attorney for Fonchenela was GRANTED.
- Fonchenela’s application to change attorneys was WITHDRAWN.
- Fondungallah had to serve Fonchenela with the order and the pretrial scheduling order and file an affidavit by May 28, 2021, describing his efforts to do so.
- The clerk had to update Fonchenela’s contact information and send her the order, the pretrial scheduling order, and the court’s guide for people representing themselves in federal court.
- Prior consistent orders remained in effect.
- Violating the order or other prior consistent orders could lead to appropriate remedies, including sanctions, limitations on evidence, striking pleadings, dismissal, or default judgment, as listed by the court.
The order addressed attorney representation and case administration; it did not decide the underlying claims against the defendants.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.