RADAR RIM, INC.v.CMB MORTGAGE SERVICES, INC.

United States District Court, N.D. Illinois, Eastern DivisionOct 21, 2004
No. 04 C 1945 (N.D. Ill. Oct. 21, 2004)

No. 04 C 1945.

October 21, 2004


MEMORANDUM OPINION AND ORDER


Plaintiffs moved to strike the appearance of defendants' counsel and we set a status for today to determine what to do. The problem was that counsel is not a member of the trial bar (although he represented that he was), and the local rules provide that at least one of the lawyers appearing for a party be a member. We did not grant the motion when presented because parties are better off if represented, a corporation cannot proceed pro se, and there are alternatives, such as becoming a member, adding the appearance of a member even though other counsel are going to do virtually all of the work, or seeking leave to appear pro hac vice.

Counsel apparently has assumed that the motion was granted and has written the court, with a copy to plaintiff's counsel, which seems to indicate that he does not wish to pursue any of the alternatives and does not wish to continue to represent the defendants. Accordingly, we do grant the motion to strike the appearance. But the lawsuit goes on. We direct the corporation defendant, at least, to have appropriate counsel file an appearance by November 23, 2004; that the defendants answer or otherwise plead by that date; and that the defendants comply with outstanding discovery by that date. Further, we request Mr. Mahmoud, upon receipt of this order, to advise defendants of these directions. The matter is set for status on November 24, 2004, at 9:15 a.m.