Norris v. RPC Restaurant Corp.

Background

Attorney Robert P. Floyd III filed a motion for Constangy, Brooks, Smith & Prophete LLP ("Constangy") to withdraw as counsel for Defendant M & E Christopher LLC ("M & E"). The motion stated that M & E had substantially failed to meet its contractual payment obligations concerning counsel’s services and had failed to provide documents and information needed for discovery.

Court’s Orders

The court postponed ruling on the withdrawal motion and ordered Floyd, by May 23, 2024, to:

- file a letter stating whether Floyd, attorney John MacDonald, or Constangy would assert a retaining lien or charging lien under Local Civil Rule 1.4; - file proof that M & E had been served with the motion; and - serve M & E with a copy of the order and file proof of that service on the docket.

The court ordered M & E to file a response to the motion by June 6, 2024. Floyd was directed to ensure that any response by M & E was filed on the docket.

Warning About Representation and Default

The court advised M & E that corporations cannot represent themselves without counsel. It stated that, if the withdrawal motion is granted and M & E fails to retain new counsel, that failure may lead to entry of a certificate of default and a default judgment under Federal Rule of Civil Procedure 55(a).

Disposition

The order does not state that the motion to withdraw was granted or denied. It sets requirements and deadlines so the court can rule on the motion later. Judge Sarah L. Cave therefore issued a procedural order concerning counsel’s withdrawal and M & E’s representation, without deciding the underlying dispute between the parties.