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Copyright | Oklahoma Western
Order on Motion to Withdraw as Attorney
ORDER. 52 Unopposed Motion to Withdraw as Counsel of Record for Defendant Exergen Corporation LLC filed by attorneys Kerry L. Timbers and Kevin R. Mosier of the law firm of Merchant & Gould P.C. and 53 Unopposed Motion to Withdraw as Local Counsel of Record for Defendant Exergen Corporation filed by attorney J. Kelly Work are conditionally granted. Attorneys Kerry L. Timbers and Kevin R. Mosier, as well as J. Kelly Work, are granted, effective immediately, leave to withdraw from their representation of Defendant Exergen Corporation. Defendant Exergen Corporation is granted 30 days from the date of this Order to obtain new counsel who shall enter his or her appearance in this case by 7/30/2026. Defendant Exergen Corporation is advised that failure to retain counsel by the established deadline may result in a dismissal without prejudice of its claims in this action. Kerry L. Timbers and Kevin R. Mosier shall continue to accept service of pleadings and other papers in connection with this lawsuit for a period of 30 days from the date of this Order. Kerry L. Timbers and Kevin R. Mosier shall provide a copy of this Order to Defendant Exergen Corporation and file a Notice with the Court establishing compliance with this provision by 7/16/2026. Signed by Chief District Judge Scott L Palk on 6/30/2026. (llg)
Notice from the Court
NOTICE FROM THE COURT re 52 UNOPPOSED MOTION to Withdraw as Attorney for Kerry L. Timbers and Kevin R. Mosier. Attorneys Timbers and Mosier are DIRECTED, in future filings, to comply with the Court's ECF Policies & Procedures Manual, Section II.A.4.a. - "... A description [more than just the exhibit no.] of the numbered exhibit must be provided in the docket entry...." Failure to comply in the future will result in filings being stricken. (llg)
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