Summary
The United States District Court for the Eastern District of Louisiana denied Plaintiff Peter A. Grandpre’s ex parte motion to withdraw Timothy B. Holder as counsel. The court found that the motion did not comply with Local Rule 83.2.11 and that withdrawal shortly before the pretrial conference and jury trial could prejudice the plaintiff. The court also ordered counsel to appear by telephone for a February 4, 2026 settlement conference.
Holdings
- An attorney may withdraw only with leave of court, upon a showing of good cause and reasonable notice to the client, and subject to the court's obligation to prevent disruption of the litigation.
- The motion to withdraw was properly denied because it failed to substitute counsel, provide the required certificate of service, or include an affidavit explaining why service had not been made.
Questions Presented
- Whether plaintiff's counsel should be permitted to withdraw from representation.
- Whether the motion satisfied the Eastern District of Louisiana's procedural requirements and established good cause and reasonable notice for withdrawal.
Disposition
other
Cases Cited (3)
- Matter of Wynn, 889 F.2d 644, 646 (5th Cir. 1989)(followed)
- Gowdy v. Marine Spill Response Corp., 925 F.3d 200, 204 (5th Cir. 2019)(followed)
- Broughten v. Voss, 634 F.2d 880, 882–83 (5th Cir. 1981)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…