Filed: Aug. 24, 2015
Latest Update: Aug. 24, 2015
Summary: MOTION AND [PROPOSED] ORDER TO WITHDRAW JAMES F. TIERNEY AS COUNSEL OF RECORD, GEORGE FOLEY, Jr. , Magistrate Judge . Defendant AT&T Services Inc. ("AT&T") respectfully moves for an order permitting James F. Tierney ("Mr. Tierney"), who has appeared on behalf of AT&T in these proceedings, to withdraw as counsel for AT&T in the above captioned matter, pursuant to Rule IA 10-6. This Motion is based upon the enclosed Memorandum of Points and Authorities and all papers and pleadings on fi
Summary: MOTION AND [PROPOSED] ORDER TO WITHDRAW JAMES F. TIERNEY AS COUNSEL OF RECORD, GEORGE FOLEY, Jr. , Magistrate Judge . Defendant AT&T Services Inc. ("AT&T") respectfully moves for an order permitting James F. Tierney ("Mr. Tierney"), who has appeared on behalf of AT&T in these proceedings, to withdraw as counsel for AT&T in the above captioned matter, pursuant to Rule IA 10-6. This Motion is based upon the enclosed Memorandum of Points and Authorities and all papers and pleadings on fil..
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MOTION AND [PROPOSED] ORDER TO WITHDRAW JAMES F. TIERNEY AS COUNSEL OF RECORD,
GEORGE FOLEY, Jr., Magistrate Judge.
Defendant AT&T Services Inc. ("AT&T") respectfully moves for an order permitting James F. Tierney ("Mr. Tierney"), who has appeared on behalf of AT&T in these proceedings, to withdraw as counsel for AT&T in the above captioned matter, pursuant to Rule IA 10-6. This Motion is based upon the enclosed Memorandum of Points and Authorities and all papers and pleadings on file herein.
WHEREFORE, AT&T requests that the Court enter an Order permitting the withdrawal of James F. Tierney as counsel of record in this case.
MEMORANDUM OF POINTS AND AUTHORITIES
Mr. Tierney's employment status has changed, and he is no longer employed as an associate by Mayer Brown LLP ("Mayer Brown") as he is leaving the firm for a different employment opportunity. Mr. Tierney was not retained to represent AT&T as outside counsel in this or any other matter after his separation from Mayer Brown. Local Rule IA 10-6(a) provides that "[n]o attorney may withdraw after appearing in a case except by leave of court after notice served on the affected client and opposing counsel." AT&T received notice of Mr. Tierney's intent to withdraw from this case prior to his final week of employment with Mayer Brown. In addition, opposing counsel in this case will receive notice of this Motion to Withdraw via the CM/ECF system.
Local Rule IA 10-6(e) also provides that "no withdrawal . . . shall be approved if delay of discovery, the trial or any hearing in the case would result." No such delay will result from Mr. Tierney's withdrawal because AT&T continues to be represented in this matter by Leslie Bryan Hart and Archis A. Parasharami, both of whom will continue to appear on AT&T's behalf before this Court. Moreover, all discovery and pre-trial proceedings have been stayed while the Court considers the resolution of AT&T's motion to compel arbitration of plaintiff's claims. Mr. Tierney's withdrawal will not prejudice either party or delay any proceeding in this matter.
Conclusion
The Court should enter an order approving the withdrawal of Mr. Tierney as one of the counsel of record for AT&T in the instant matter.
ORDER
IT IS SO ORDERED.
