United States District Court, E.D. Michigan, Southern Division
MEMORANDUM ORDER GRANTING MOTION TO WITHDRAW AND
DISMISSING ACTION WITH PREJUDICE FOR FAILURE TO PROSECUTE AND
FAILURE TO COMPLY WITH THIS COURT'S ORDERS
F. Cox United States District Court Judge.
pro se, Plaintiffs filed this action on June 19,
2015. Tyron Boisa Gray, Jr., Nybrieonn Destiny Gray,
Tryreonn Gray, who were all eighteen years of age and older
at that time, signed the complaint on their own behalf. The
other two named Plaintiffs (Nayoon Gray and Donnaja
Smith-Gray) were minors at that time and non-attorney Norma
Gray purported to sign the complaint on their behalf as next
Court dismissed the claims of the two minor Plaintiffs
without prejudice in an order issued on August 5, 2015,
because they must be represented by an attorney.
(See D.E. No. 13).
Court issued the first Scheduling Order (D.E. No. 14) on
September 23, 2015, and it stated that discovery would close
on February 23, 2016.
this Court granted a Motion to Compel filed by Defendants
(D.E. No. 21) and issued a Second Scheduling Order at
Defendants' request, due to Plaintiffs' failure to
cooperate in discovery. That Second Scheduling Order (D.E.
No. 24) provided that witness lists were due on May 25, 2016
and that discovery would close on June 23, 2016.
filed a timely witness list (D.E. No. 25). Plaintiffs did not
file a witness list as required by the Second Scheduling
6, 2016, attorney Johnny Hawkins filed an appearance on
behalf of Plaintiffs. On June 20, 2016, this Court issued a
third Scheduling Order in this matter (D.E. No. 30) that
provided that witness lists were due on October 3, 2016 and
discovery would close on November 1, 2016.
Hawkins filed a Second Amended Complaint on behalf of
Plaintiffs (D.E. No. 40) on November 10, 2016, and that is
the operative complaint in this action.
Hawkins also filed motions seeking to allow Norma Gray to
serve as next friend for two minors in the action. This Court
granted those motions. (See D.E. Nos. 39 & 44).
January 12, 2016, this Court issued the 4th
Scheduling Order (D.E. No. 45) in this action that provided
that witness lists were due on June 9, 2017, and that
discovery would close on July 10, 2017.
15, 2017, Mr. Hawkins filed a motion seeking to withdraw as
counsel for Plaintiffs (D.E. No. 48), stating that the
attorney-client relationship had broken down, that he had
learned certain information "concerning the Plaintiffs
and/or the conduct of the individual Plaintiffs" that he
could not disclose, and that some of the Plaintiffs were
"either missing altogether and/or completely
unavailable" to counsel.
Court held a hearing on the motion to withdraw on July 6,
2017. All parties, including Plaintiffs, were notified of the
hearing. Nevertheless, only Defense Counsel and Mr. Hawkins
appeared for the hearing.
7, 2017, this Court issued an "Order Conditionally
Granting Motion To Withdraw As Counsel." (Docket Entry
September 9, 2017, attorney W. Otis Culpepper entered an
appearance on behalf of Plaintiffs. (D.E. No. 55).
Thereafter, this Court set a Status Conference for September
18, 2017. Counsel for Defendants appeared ...