Opinion
Civil Action No. 05-2056-CM-DJW.
August 3, 2005
ORDER
Pending before the Court is the Motion of Benjamin Loss, P.C. to Withdraw as Counsel for Plaintiff (doc. 13). The Court will deny the motion for several reasons.
First, law firms do not enter or withdraw their appearance on behalf of parties. Only individual attorneys may enter or withdraw their appearance.
Second, if the Court were to grant this motion it would leave Plaintiff represented solely by an out-of-state attorney who is admitted pro hac vice. Pursuant to D. Kan. Rule 83.5 .4, an attorney admitted pro hac vice must associate him/herself with an attorney who is a member of the bar of this court and that attorney must sign all pleadings. D. Kan. Rule 83.5.5 would, however, allow for the substitution of another attorney admitted to practice in this court.
Finally, the motion does not comply with D. Kan. Rule 83.5.5 in that it does not indicate that the motion has been served on the client either personally or by certified mail, restricted delivery, with return receipt requested. In fact, there is no indication that the motion has been served on the client in any manner. Also, no proof of personal service or certified mail receipt signed by the client has been filed as required by the Rule.
Although the Court is denying the motion, it shall be without prejudice to Plaintiff's counsel, John R. Loss, filing a motion to withdraw which complies with D. Kan. Rule 83.5.5.
IT IS THEREFORE ORDERED that the Motion of Benjamin Loss, P.C. to Withdraw as Counsel for Plaintiff (doc. 13) is denied.
IT IS SO ORDERED.