Free Order on Motion to Withdraw as Attorney - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Oretech, Inc. f/k/a the Tantivity Group, ) ) ) Plaintiff, ) ) vs. ) ) ) Pacific Rocky Mountain, Inc., et al., ) ) Defendants. ) ) )

No. CIV 04-0145-PHX-MHM ORDER

At a hearing on December 12, 2005, the Court denied the stipulation to withdraw as 18 counsel for Plaintiff Oretech, Inc. (Doc. 46 & 48). The Court denied the stipulation to 19 withdraw because a substitution of counsel had not been filed. Plaintiff's counsel indicated 20 at that hearing that Plaintiff Oretech, Inc., was in the process of seeking new counsel. No 21 substitution of counsel has been filed since the date of the hearing. Plaintiff's counsel has 22 filed a renewed motion to withdraw, stating that counsel should not be required to continue 23 to represent Plaintiff Oretech, Inc. while Plaintiff seeks new counsel. (Doc. 49). Plaintiff's 24 counsel has cited Mohr, Hackett, etc v. Superior Court of the State of Arizona, etc., 745 25 P.2d 208 (Ariz.App. 1987), which held that the rule against corporate self-representation 26 does not permit a blanket prohibition against the withdrawal of counsel solely on the basis 27 of the client's status as a corporation. The Arizona Court of Appeals noted that some courts 28
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either direct the corporation to obtain counsel during a specific period of time or stay the action while the corporate party obtains new counsel. In this case, the first stipulation to withdraw was signed by corporate representative Mr. H. Stephen Shehane and provided Mr. Shehane's address and telephone number. The stipulation therefore complied with LRCiv 83.3(b)(1). Another corporate representative, Mr. Robert Rath, appeared by telephone at the December 12th hearing. The renewed motion to withdraw as counsel for Plaintiff (Doc. 49) is granted. "It is a longstanding rule that '[c]orporations and other unincorporated associations must appear in court through an attorney.'" D-Beam Limited Partnership v. Roller Derby Skates, Inc., 366 F.3d 972, 973-74 (9th Cir. 2004)(quoted citation omitted). Plaintiff Oretech, Inc., shall have 14 days to obtain counsel in this action. The Law Firm of Ellis & Venable, P.C., shall provide a copy of this Order to the appropriate representative of the corporate Plaintiff. The Clerk of Court shall provide a copy of this Order to Mr. H. Stephen Shehane, c/o Oretech, Inc., P.O. Box 1735, Columbus, Georgia 31902-1735. Accordingly, IT IS ORDERED that the motion to withdraw as counsel for Plaintiff (Doc. 49) is granted. The Law Firm of Ellis & Venable, P.C., shall be permitted to withdraw as counsel for Plaintiff. IT IS FURTHER ORDERED that Plaintiff Oretech, Inc., shall have 14 days from the filing date of this Order to obtain counsel.. IT IS FURTHER ORDERED that The Law Firm of Ellis & Venable, P.C., shall provide a copy of this Order to the appropriate representative of the corporate Plaintiff. IT IS FURTHER ORDERED that the Clerk of Court is directed to provide a copy of this Order to Mr. H. Stephen Shehane, c/o Oretech, Inc., P.O. Box 1735, Columbus, Georgia 31902-1735. DATED this 7th day of June, 2006.

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