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Acre v. Chase Manhattan Mortgage Corp.

March 20, 2007

PABLO ACRE, ET AL., PLAINTIFFS
v.
CHASE MANHATTAN MORTGAGE CORP., ET AL., DEFENDANTS



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 20th day of March, 2007, upon consideration of the motion to withdraw as counsel (Doc. 159), filed by counsel for plaintiffs: (1) Ariel Garcia, (2) Felicia Garcia, (3) Kirk Gittens, (4) Dianne Gittens, (5) Lisa Glover, (6) Patricia Glover, (7) Felisha Flowers-Moore, (8) Alfred Moore, (9) Elaine Myrie,*fn1 (10) Thomas Rist, (11) Joann Rist, (12) Joe L. Rodriguez, (13) Gail A. Valle, (14) Lionel Ruffin, (15) Brooke Singh, (16) Binod Singh, (17) Dawn Spinner, (18) Jeffrey West, (19) Cathy Goode, and (20) Duncan Keizer, and it appearing that these plaintiffs have failed to respond to numerous discovery requests despite counsel's warning that failure to respond: (1) would result in plaintiffs' counsel seeking to withdraw and (2) may result in plaintiffs' claims being dismissed (see Doc. 159, Exs. A-L), that plaintiffs Brooke Singh, Binod Singh, and Duncan Keizer agreed to voluntarily dismiss their claims against defendants (see Doc. 159, Ex. B), and the court finding that good cause for the withdrawal exists because of plaintiffs' failure to respond to numerous requests of their counsel and the resulting financial burden on counsel, see PA. RULES PROF'L CONDUCT R. 1.16(b)(5), (6); see also L.R. 83.23.2 (adopting Pennsylvania Rules of Professional Conduct), it is hereby ORDERED that:

1. The motion to withdraw as counsel (Doc. 159) is GRANTED. See PA. RULES PROF'L CONDUCT R. 1.16(b)(5), (6); L.R. 83.23.2.

2. All attorneys of record are TERMINATED for the following plaintiffs:

(1) Ariel Garcia, (2) Felicia Garcia, (3) Kirk Gittens, (4) Dianne Gittens, (5) Lisa Glover, (6) Patricia Glover, (7) Felisha Flowers-Moore, (8) Alfred Moore, (9) Thomas Rist, (10) Joann Rist, (11) Joe L. Rodriguez, (12) Gail A. Valle, (13) Lionel Ruffin, (14) Brooke Singh, (15) Binod Singh, (16) Dawn Spinner, (17) Jeffrey West, (18) Cathy Goode, and (19) Duncan Keizer.

3. The Clerk of Court is directed to designate the above-named plaintiffs as pro se plaintiffs.

4. The claims of plaintiffs Brooke Singh, Binod Singh, and Duncan Keizer are DISMISSED.

5. On or before April 10, 2007, the following plaintiffs shall file a response showing cause why their claims should not be dismissed for failure to respond to discovery requests or to prosecute this action: (1) Ariel Garcia, (2) Felicia Garcia, (3) Kirk Gittens, (4) Dianne Gittens, (5) Lisa Glover, (6) Patricia Glover, (7) Felisha Flowers-Moore, (8) Alfred Moore, (9) Thomas Rist, (10) Joann Rist, (11) Joe L. Rodriguez, (12) Gail A. Valle, (13) Lionel Ruffin, (14) Dawn Spinner, (15) Jeffrey West, and (16) Cathy Goode. A plaintiff's failure to file a response shall result in the dismissal of plaintiff's claims. See FED. R. CIV. P. 37, 41(b); see also Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (interpreting Federal Rule of Civil Procedure 41(b) as permitting sua sponte dismissal by the court); Poulis v. State Farm Fire & Cas. Co., 747 F.2d 863, 868 (3d Cir. 1984).

6. The Clerk of Court is directed to send a copy of this order via regular mail to:

a. Ariel Garcia at4 Pleasant Street, Apt. 1, Binghamton, New York, 13901.

b. Felicia Garcia (Jimenez) at 101-32 106th Street, Ozone Park, New York, 11416.

c. Kirk Gittens at 1063 Mosser Road, Apt. D202, Breinigsville, Pennsylvania, 18301.

d. Dianne Gittens at 1063 Mosser Road, Apt. D202, Breinigsville, ...


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