Free Order on Motion to Withdraw as Attorney - District Court of Federal Claims - federal

Case 1:06-cv-00436-MCW

Document 41

Filed 07/18/2008

Page 1 of 2

In the United States Court of Federal Claims
No. 06-436C (Filed July 18, 2008) **************************** ULYSSES, INC., * * * * * * * * * * * *

Plaintiff, v. THE UNITED STATES, Defendant.

**************************** _____________________________________________________________ ORDER DEFERRING MOTION TO WITHDRAW ______________________________________________________________ On July 9, 2008, counsel for Plaintiff, Kenneth Haber, filed a motion to withdraw as attorney of record in this case. Plaintiff has not yet indicated that it has hired new counsel. Defendant states that it does not object to the granting of this motion. Nevertheless, the Court DEFERS ruling on this motion until the stay in this case is lifted. The joint status report due on August 23, 2008, and every 90 days thereafter shall be filed, until further notice, by Defendant only. Rule 83.1(c)(8) of the Rules of the United States Court of Federal Claims states that "[a] corporation may only be represented by counsel." Thus, "Rule 83.1 precludes nonattorneys from representing corporations." Cherokee of Lawrence County, Tenn. v. United States, No. 06-158, 2006 WL 5668261 at *2 (Fed. Cl. Sept. 1, 2006). See also Talasila, Inc. v. United States, 240 F.3d 1064, 1066 (Fed.Cir.2001) ("The requirement of [former] Rule 81(d)(8) that a corporation be represented by an attorney in the Court of Federal Claims is clear, unqualified, and ... does not contemplate exceptions."). Accordingly, Plaintiff may not represent itself pro se in this Court. Because Defendant has a counterclaim pending, it could be prejudicial to grant Plaintiff's counsel's motion to withdraw at this juncture. Counsel shall be prepared to discuss this matter at the status conference on August 15, 2008 at 11 a.m.

Case 1:06-cv-00436-MCW

Document 41

Filed 07/18/2008

Page 2 of 2

The Clerk of the Court is directed to serve a copy of this order on both Plaintiff and its counsel, Kenneth Haber.

s/Mary Ellen Coster Williams MARY ELLEN COSTER WILLIAMS Judge