Jesse Adams, et al. v. Staci Lean Fruth, et al.

Summary

The United States District Court for the District of Kansas grants attorney Kevin M. McMaster’s motion to withdraw as counsel for Jayme Lewis, administrator of the estate of Victor Lee Adams, and Jesse Adams. The order permits Jesse Adams to proceed pro se, instructs Jayme Lewis that the estate must be represented by counsel, sets an in-person conference, extends the deadline to respond to a sanctions motion, and warns that failure to comply may result in dismissal for failure to prosecute.

Holdings

1. The motion to withdraw was granted because counsel demonstrated good cause, withdrawal was permissible under the applicable professional-conduct rules, the plaintiffs were served, and the motion was uncontested.
2. Jayme Lewis, a non-attorney administrator, may not appear pro se on behalf of the estate because the estate has other beneficiaries; counsel must enter an appearance for the estate.
3. Jesse Adams may proceed pro se in his individual capacity and is personally responsible for complying with court orders until he retains new counsel.

Questions Presented

1. Whether counsel demonstrated good cause and complied with service and notice requirements permitting withdrawal from representing the plaintiffs.
2. Whether Jesse Adams may proceed pro se individually.
3. Whether Jayme Lewis may proceed pro se on behalf of the estate when the estate has other beneficiaries.

Disposition

other