1-800 Water Damage International, LLC v. Restoration RX, LLC

• Court: District Court, E.D. Michigan
• Decided: January 10, 2025
• Docket: 2:24-cv-10110
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

1-800 WATER DAMAGE INTERNATIONAL, LLC,

Plaintiff,

v. Civil Case No. 24-10110 Honorable Linda V. Parker RESTORATION RX, LLC, et al.,

Defendants. __________________________/

OPINION AND ORDER GRANTING UNOPPOSED MOTION TO WITHDRAW

Pending before the Court is a motion to withdraw filed by Defendants’ counsel in this matter: Mark W. Peyser and Howard & Howard Attorneys, PLLC. (ECF No. 20.) The stated reason for counsel’s request to withdraw is irreconcilable differences. Defense counsel represents that the Defendants instructed him to file the motion to withdraw. The Court finds good cause for defense counsel to withdraw and that such withdrawal can be accomplished without material adverse effect on Defendants’ interests. See Mich. R. Prof’l Conduct 1.16. The Court is staying the proceedings for 30 days to allow Defendants to retain new counsel. As a corporate entity, Defendant Restoration RX, LLC cannot proceed in this matter without an attorney. See, e.g., Rowland v. California Men’s Colony, 506 U.S. 194, 201-202 (1993) (citing cases); Doherty v. American Motors Corp., 728 F.2d 334, 340 (6th Cir.1984) (citations omitted). When a corporation declines to hire counsel to

represent it, the court may properly dismiss its claims, if it is a plaintiff, or strike its defenses, if it is a defendant. Greater Southeast Cmty. Hosp. Found., Inc. v. Potter, 586 F.3d 1, 5 (D.C. Cir. 2009) (citing Donovan v. Road Rangers Country

Junction, Inc., 736 F.2d 1004, 1005 (5th Cir. 1984) and Strong Delivery Ministry Ass’n v. Bd. of Appeals of Cook Cnty., 543 F.2d 32, 33 (7th Cir. 1976)). Accordingly, IT IS ORDERED that defense counsel’s motion to withdraw (ECF No. 20)

is GRANTED and Mark W. Peyser and Howard & Howard Attorneys, PLLC shall be terminated as counsel. Defendants’ counsel shall serve a copy of this Opinion and Order on Defendants and must file a proof of service with the Court.

IT IS FURTHER ORDERED that this matter is STAYED for 30 days to allow Defendants to retain new counsel, who shall file a written appearance on the docket before the 30 days expires. IT IS FURTHER ORDERED that Defendants’ failure to retain counsel

and for counsel to enter a written appearance within 30 days of this Opinion and Order will result in Defendant Restoration RX, LLC’s defenses being stricken without further notice of the Court, and the Court will conduct further proceedings in its absence in accordance with the law. SO ORDERED.

s/ Linda V. Parker LINDA V. PARKER U.S. DISTRICT JUDGE Dated: January 10, 2025