Byrd v. BP Exploration & Production, Inc.

S.D. Alabama

Byrd v. BP Exploration & Production, Inc.

DecidedOctober 20, 2023

Docket1:22-cv-00173

StatusUnknown

This text of Byrd v. BP Exploration & Production, Inc. (Byrd v. BP Exploration & Production, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Byrd v. BP Exploration & Production, Inc., (S.D. Ala. 2023).

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

SCOT R. BYRD, etc., et al., ) ) Plaintiffs, ) ) vs. ) CIV. A. NO.: 22-0173-KD-MU ) BP EXPLORATION & PRODUCTION ) INC., et al., ) ) Defendants. )

ORDER

On October 19, 2023, the Downs Law Group, attorneys for Plaintiffs Scot R. Byrd and Jessica E. Brandon, individually and on behalf of their minor child, S.J.B., filed a motion to withdraw as counsel for Plaintiffs. (Doc. 43). Plaintiffs Scot R. Byrd and Jessica E. Brandon and counsel for Defendants are ORDERED to file their response to the motion to withdraw on or before November 3, 2023, and The Downs Law Group is ORDERED to file their reply on or before November 7, 2023. This motion shall come on for a hearing before United States Magistrate Judge P. Bradley Murray on November 9, 2023, at 1:00 p.m. (CST) in Courtroom 5A, United States District Court, 155 St. Joseph Street, Mobile, Alabama. In addition to counsel for both parties, Plaintiffs Scot R. Byrd and Jessica E. Brandon are ORDERED to appear in person for this hearing. In their complaint, Plaintiffs assert claims on behalf of themselves, individually, and on behalf of their minor child. (Doc. 1). While Plaintiffs may each represent themselves without an attorney (pro se) in this litigation, they cannot represent their minor child. Whitehurst v. Wal-Mart, 306 F. App’x 446, 449 (11th Cir. 2008); Devine v. Indian River Co. Sch. Bd., 121 F.3d 576, 582 (11th Cir. 1997), overruled on other grounds by Winkelman v. Parma Sch. Dist., 550 U.S. 516 (2007); see also Mack v. Delta Air Lines, Inc., Civ. A. File No. 1:13-cv-01162-SCJ-AJB, 2014 WL 12629940, *12 (N.D. Ga. Jan. 16, 2014) (holding that “although Rule 17(c) of the Federal Rules of Civil Procedure allows a guardian to bring or defend a suit on behalf of a minor, a parent may not proceed without a lawyer on her child’s behalf, even as her legal guardian”);

Williams v. Monroe Co. Bd. of Educ., Civ. A. No. 07-0561-CG-B, 2009 WL 1767658, *4 (S.D. Ala. June 23, 2009) (holding that “parents who are not attorneys may not bring a pro se action on their child’s behalf”). Counsel for Plaintiffs and Defendants are ORDERED to address this issue in their response/reply. The Clerk is directed to serve Scot R. Byrd and Jessica E. Brandon with a copy of this Order by first class mail at 2375 Boddie Lane, Gulf Shores, Alabama 36542 and to send a courtesy copy by email to Scot R. Byrd and Jessica E. Brandon at byrdbrothers251@gmail.com. DONE and ORDERED this the 20th day of October, 2023.

s/P. Bradley Murray UNITED STATES MAGISTRATE JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

SCOT R. BYRD, etc., et al., ) ) Plaintiffs, ) ) vs. ) CIV. A. NO.: 22-0173-KD-MU ) BP EXPLORATION & PRODUCTION ) INC., et al., ) ) Defendants. )

ORDER

On October 19, 2023, the Downs Law Group, attorneys for Plaintiffs Scot R. Byrd and Jessica E. Brandon, individually and on behalf of their minor child, S.J.B., filed a motion to withdraw as counsel for Plaintiffs. (Doc. 43). Plaintiffs Scot R. Byrd and Jessica E. Brandon and counsel for Defendants are ORDERED to file their response to the motion to withdraw on or before November 3, 2023, and The Downs Law Group is ORDERED to file their reply on or before November 7, 2023. This motion shall come on for a hearing before United States Magistrate Judge P. Bradley Murray on November 9, 2023, at 1:00 p.m. (CST) in Courtroom 5A, United States District Court, 155 St. Joseph Street, Mobile, Alabama. In addition to counsel for both parties, Plaintiffs Scot R. Byrd and Jessica E. Brandon are ORDERED to appear in person for this hearing. In their complaint, Plaintiffs assert claims on behalf of themselves, individually, and on behalf of their minor child. (Doc. 1). While Plaintiffs may each represent themselves without an attorney (pro se) in this litigation, they cannot represent their minor child. Whitehurst v. Wal-Mart, 306 F. App’x 446, 449 (11th Cir. 2008); Devine v. Indian River Co. Sch. Bd., 121 F.3d 576, 582 (11th Cir. 1997), overruled on other grounds by Winkelman v. Parma Sch. Dist., 550 U.S. 516 (2007); see also Mack v. Delta Air Lines, Inc., Civ. A. File No. 1:13-cv-01162-SCJ-AJB, 2014 WL 12629940, *12 (N.D. Ga. Jan. 16, 2014) (holding that “although Rule 17(c) of the Federal Rules of Civil Procedure allows a guardian to bring or defend a suit on behalf of a minor, a parent may not proceed without a lawyer on her child’s behalf, even as her legal guardian”);

Williams v. Monroe Co. Bd. of Educ., Civ. A. No. 07-0561-CG-B, 2009 WL 1767658, *4 (S.D. Ala. June 23, 2009) (holding that “parents who are not attorneys may not bring a pro se action on their child’s behalf”). Counsel for Plaintiffs and Defendants are ORDERED to address this issue in their response/reply. The Clerk is directed to serve Scot R. Byrd and Jessica E. Brandon with a copy of this Order by first class mail at 2375 Boddie Lane, Gulf Shores, Alabama 36542 and to send a courtesy copy by email to Scot R. Byrd and Jessica E. Brandon at byrdbrothers251@gmail.com. DONE and ORDERED this the 20th day of October, 2023.

s/P. Bradley Murray UNITED STATES MAGISTRATE JUDGE

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