Jo Ann Hoeppner-Cruz v. Robert W. Brower

Summary

The court grants attorney Thomas Dwayne Reid’s motion to withdraw as counsel for Jo Ann Hoeppner-Cruz because of his practice closure and financial insolvency, subject to his continuing service obligations until substitute counsel appears. The court vacates pending dates, stays the jury trial, discharges the order to show cause, and denies as moot the motion to continue. Because Hoeppner-Cruz is a non-attorney trustee, the court orders her to obtain substitute counsel or file a status report by January 15, 2026, warning that failure to do so could result in dismissal.

Holdings

1. Withdrawal was appropriate because counsel's practice closure and financial insolvency constituted good cause, plaintiff consented, and counsel provided reasonable advance notice and otherwise complied with applicable local and professional-conduct rules.
2. Withdrawal was granted on the condition that Reid remain counsel of record solely to serve filed documents on Hoeppner-Cruz until substitute counsel appears, with proof of service to be filed within three business days.
3. A non-attorney trustee may not represent the Trust pro se in this federal civil action; the Trust must appear through licensed counsel.

Questions Presented

1. Whether counsel should be permitted to withdraw from representing plaintiff because of financial hardship, practice closure, plaintiff's consent, and compliance with notice requirements.
2. Whether withdrawal should be conditioned on counsel's remaining counsel of record to serve filings until substitute counsel appears.
3. Whether a non-attorney trustee may represent a trust pro se in federal court.
4. Whether the pending trial and other dates should be vacated or stayed and the related show cause and continuance matters resolved.

Disposition

other