Barrette Outdoor Living, Inc. v. Michigan Resin Representatives, LLC et al

MOTION to Withdraw as Counsel for Defendant John H. Lemanski, Jr.

E.D. Mich.June 28, 2013

21,293,863.1\148429-00001 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BARRETTE OUTDOOR LIVING, INC., also d/b/a/ U.S. FENCE INC., Civil Docket No. 2:11-cv-13335 Plaintiff, Honorable Julian A. Cook Magistrate Judge Laurie J. Michelson v. MICHIGAN RESIN REPRESENTATIVES, LLC, a Michigan Limited Liability Company; JOHN H. LEMANSKI, JR., an individual; LISA J. WELLS a/k/a LISA J. LEMANSKI, an individual; and TAMARA L. TURNER, an individual, Defendants. ——————————————————————————————————————/ AARON O. MATTHEWS (P64744) MICHAEL JOHN PATTWELL (P72419) Clark Hill PLC 212 E. Grand River Avenue Lansing, Michigan 48906 (517) 318-3018 Attorneys for Plaintiff MICHIGAN RESIN REPRESENTATIVES, LLC, c/o TAMARA L. TURNER 8312 Honeytree Blvd. Canton, Michigan 48187 Defendant ROBERT J. MORAD (P56475) ABDU H. MURRAY (P61032) Miller, Canfield, Paddock and Stone, P.L.C. 840 West Long Lake Road, Suite 200 Troy, Michigan 48098 (248) 879-2000 Attorneys for Defendant John H. Lemanski, Jr. TAMARA L. TURNER 8312 Honeytree Blvd. Canton, Michigan 48187 Defendant LISA WELLS 8312 Honeytree Blvd. Canton, Michigan 48187 Defendant ——————————————————————————————————————/ MILLER, CANFIELD, PADDOCK AND STONE, P.L.C’S MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT JOHN H. LEMANSKI JR. AND BRIEF IN SUPPORT The law firm Miller, Canfield, Paddock and Stone, P.L.C. (“Miller Canfield”), moves under Eastern District of Michigan Local Rule 88.30 to withdraw as counsel of 2:11-cv-13335-JAC-LJM Doc # 141 Filed 06/28/13 Pg 1 of 7 Pg ID 4824 21,293,863.1\148429-00001 2 record for Defendant John H. Lemanski Jr. (Lemanski) in the above-captioned matter for the following reasons: 1. There has been a breakdown in communications between counsel of record and Lemanski. 2. Lemanski has failed to comply with the terms of the Engagement Letter and the Standard Terms of Engagement governing the relationship between Lemanski and Defendant’s counsel of record in this matter. 3. Counsel for Lemanski notified Plaintiff’s counsel on June 27, 2013 of their intent to withdraw prior to filing this Motion, and as of the time of preparing this Motion Plaintiff’s counsel has not indicated that Plaintiff will oppose this Motion. 4. Counsel for Lemanski has also notified Lemanski of the intent to move to withdraw as counsel and his need to obtain other counsel. For these reasons and those set forth in its Brief in Support, counsel respectfully requests that the Court grant this Motion to Withdraw as Counsel. Respectfully submitted, s/ Robert J. Morad (P56475) Robert J. Morad (P56475) Abdu H. Murray (P61032) Miller, Canfield, Paddock and Stone, P.L.C. 840 West Long Lake Road, Suite 200 Troy, Michigan 48098 Attorneys for Defendant John H. Lemanski, Jr. Dated: June 28, 2013 2:11-cv-13335-JAC-LJM Doc # 141 Filed 06/28/13 Pg 2 of 7 Pg ID 4825 21,293,863.1\148429-00001 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BARRETTE OUTDOOR LIVING, INC., also d/b/a/ U.S. FENCE INC., Civil Docket No. 2:11-cv-13335 Plaintiff, Honorable Julian A. Cook Magistrate Judge Laurie J. Michelson v. MICHIGAN RESIN REPRESENTATIVES, LLC, a Michigan Limited Liability Company; JOHN H. LEMANSKI, JR., an individual; LISA J. WELLS a/k/a LISA J. LEMANSKI, an individual; and TAMARA L. TURNER, an individual, Defendants. ——————————————————————————————————————/ AARON O. MATTHEWS (P64744) MICHAEL JOHN PATTWELL (P72419) Clark Hill PLC 212 E. Grand River Avenue Lansing, Michigan 48906 (517) 318-3018 Attorneys for Plaintiff MICHIGAN RESIN REPRESENTATIVES, LLC, c/o TAMARA L. TURNER 8312 Honeytree Blvd. Canton, Michigan 48187 Defendant ROBERT J. MORAD (P56475) ABDU H. MURRAY (P61032) Miller, Canfield, Paddock and Stone, P.L.C. 840 West Long Lake Road, Suite 200 Troy, Michigan 48098 (248) 879-2000 Attorneys for Defendant John H. Lemanski, Jr. TAMARA L. TURNER 8312 Honeytree Blvd. Canton, Michigan 48187 Defendant LISA WELLS 8312 Honeytree Blvd. Canton, Michigan 48187 Defendant _______________________________________________________________________/ BRIEF IN SUPPORT OF MILLER, CANFIELD, PADDOCK AND STONE, P.L.C’S MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT JOHN H. LEMANSKI JR AND BRIEF IN SUPPORT 2:11-cv-13335-JAC-LJM Doc # 141 Filed 06/28/13 Pg 3 of 7 Pg ID 4826 21,293,863.1\148429-00001 1 STATEMENT OF ISSUES PRESENTED May Defendant’s counsel of record withdraw as counsel of record when (1) there has been a breakdown in communication between counsel of record and Defendant precluding counsel of record from being able to effectively represent Defendant and (2) Defendant has failed to comply with the terms of the Engagement Letter and the Standard Terms of Engagement governing the relationship between Defendant and counsel of record? Answer: “Yes” CONTROLLING AUTHORITY Michigan Rule of Professional Conduct 1.16(a), (b) 2:11-cv-13335-JAC-LJM Doc # 141 Filed 06/28/13 Pg 4 of 7 Pg ID 4827 21,293,863.1\148429-00001 2 STATEMENT OF FACTS There has been a breakdown of communication between counsel and Lemanski, to the point where counsel cannot effectively represent Lemanski. Additionally, Lemanski has failed to comply with the terms of the Engagement Letter and the Standard Terms of Engagement governing the relationship between Lemanski and counsel by, among other things, failing to timely pay for counsel’s rendered services. Michigan Rule of Professional Conduct 1.16 permits a lawyer to withdraw as counsel of record if “the representation will result in an unreasonable financial burden on the lawyer,” and requires a lawyer to withdraw if “the lawyer is discharged.” MRPC 1.16(b)(5); MRPC 1.16(a)(3). Lemanski’s failure to adequately communicate with his counsel, together with his failure to pay invoices for services rendered, is tantamount to a virtual discharge of counsel. Counsel has put Plaintiff on notice that, under these circumstances, this Motion to Withdraw would be filed. In addition, any continued representation in this case would prove a financial hardship to defense counsel. See, e.g., In re Withdrawal of Attorney, 234 Mich. App. 421, 435 (1999) (the availability of attorney fees is a proper consideration in weighing the financial burden on counsel). Given these concerns, it is appropriate for the Court to permit defense counsel to withdraw from this case. CONCLUSION For the reasons stated above, Defendant’s counsel of record, Miller, Canfield, Paddock and Stone, P.L.C., by Robert J. Morad and Abdu H. Murray, respectfully 2:11-cv-13335-JAC-LJM Doc # 141 Filed 06/28/13 Pg 5 of 7 Pg ID 4828 21,293,863.1\148429-00001 3 requests that the Court grant this motion to withdraw as defense counsel and enter the accompanying order of withdrawal. Respectfully submitted, s/ Robert J. Morad (P56475) Robert J. Morad (P56475) Abdu H. Murray (P61032) Miller, Canfield, Paddock and Stone, P.L.C. 840 West Long Lake Road, Suite 200 Troy, Michigan 48098 Attorneys for Defendant John H. Lemanski, Jr. Dated: June 28, 2013 2:11-cv-13335-JAC-LJM Doc # 141 Filed 06/28/13 Pg 6 of 7 Pg ID 4829 21,293,863.1\148429-00001 CERTIFICATE OF SERVICE I hereby certify that on June 28, 2013, I electronically filed the foregoing paper with the Clerk of the court using the ECF system which will send notification of such filing to the counsel of record.  Jordan S. Bolton jbolton@clarkhill.com,klindsey@clarkhill.com  Aaron O. Matthews amatthews@clarkhill.com,lssmith@clarkhill.com  Abdu H. Murray murray@millercanfield.com,kaszubski@millercanfield.com  Michael J. Pattwell mpattwell@clarkhill.com,jbolton@clarkhill.com,lssmith@clarkhill.com,danderson@clar khill.com I also hereby certify that I have also mailed by United States Postal Service the foregoing document to the following non-ECF participants: Michigan Resin Representatives, LLC c/o Tamara Turner, Resident Agent 8312 Honey Tree Canton, MI 48107 Tamara Turner 8312 Honey Tree Canton, MI 48107 Lisa J. Wells 8312 Honey Tree Canton, MI 48107 Respectfully submitted, MILLER, CANFIELD, PADDOCK AND STONE, P.L.C. By: s/Robert J. Morad Robert J. Morad (P56475) Attorneys for Defendant John Lemanski 840 West Long Lake Road, Suite 200 Troy, Michigan 48098-6358 Telephone: (248) 267-3219 morad@millercanfield.com 2:11-cv-13335-JAC-LJM Doc # 141 Filed 06/28/13 Pg 7 of 7 Pg ID 4830