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Civil Rights: Other | Colorado
Answer to Amended Complaint
DEFENDANT HUNZEKER ANSWER to 110 Amended Complaint by Stephen Hunzeker.(Alder, Madison)
Civil Rights: Americans with Disabilities - Other | Colorado
Order on Motion to Withdraw as Attorney
MINUTE ORDER: For good cause shown, plaintiff counsel's Motion to Withdraw as Counsel for Plaintiff Christopher Wendling, ECF No. 61 , is GRANTED. It is ORDERED that counsel's representation of Plaintiff Christopher Wendling is terminated. As of now, Mr. Wendling is still an individual plaintiff in the case. The problem is that neither the Court nor Mr. Wendling's erstwhile counsel has any means of locating and contacting him to inform him of counsel's withdrawal, developments in the case, or his obligations as a now pro se litigant in this matter, including compliance with this Minute Order. And because he was represented until now, this plaintiff was not previously obligated under the Local Rules to maintain his contact information with the Court. See D.C.COLO.LAttyR 5(c) (requiring attorneys and "unrepresented part[ies]" to update contact information with the court within 5 days of a change); D.C.COLO.LCivR 5.1(c). Nevertheless, it is the responsibility of all plaintiffs to diligently prosecute their cases, and despite Mr. Wendling's sympathetic circumstances, failing to maintain contact with one's attorneys for approximately a year falls short of this obligation. ECF No. 61 at 2-3. It is therefore ORDERED that Mr. Wendling must contact the Court on or before September 4, 2026 to show cause why he should not be dismissed from the action. See, e.g., Balladares v. Smith, No. CIV 17-1152 JB/CG,2018 WL 3639905, at *1 (D.N.M. July 31, 2018) (dismissing pro se plaintiff from case after he failed to respond to show cause order and his mail was returned undeliverable). Entered by Magistrate Judge Cyrus Y. Chung on 07/31/2026. Text Only Entry.(agryan)
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