Attorney Conduct – Withdrawal without Substitution 

Posted: 1:00 am Mon, December 7, 2009
By admin

Where counsel represents plaintiffs who filed op-in consent forms for a claim under the Fair Labor Standards Act; counsel attempted to contact certain opt-in plaintiffs, without success, over a period of months; these opt-in plaintiffs were warned twice of counsel’s intent to withdraw; and the court can see no reason to delay ruling upon the motion to withdraw until after it rules on defendant’s motion to compel; the District Court grants counsel’s motion to withdraw, without substitution, as counsel for certain opt-in plaintiffs.