ROSA WISE AND BRIONNA BOBB
v.
WILLIAM LEVEN, JUSTIN ALLEN, MICHAEL CHITWOOD AND JASON UMBERGER
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The Court granted the motion to withdraw counsel for the Plaintiffs and denied the motion for a stay without prejudice. Plaintiffs will proceed pro se.
[1] A pro se litigant in federal court remains subject to the Federal Rules of Civil Procedure, Local Rules, and all court orders, and may be sanctioned for non-compliance.
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Join FLexlaw to unlock all legal intelligence“pro se litigants are 'subject to the relevant law and rules of court, including the Federal Rules of Civil Procedure'”
Court cited Moon v. Newsome to explain that plaintiffs proceeding without counsel must comply with all applicable rules and deadlines.
Plaintiffs' counsel filed an unopposed motion to withdraw. The Court held a hearing where counsel for all parties and the Plaintiffs were present. The…
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prejudice in part, to the extent the motion seeks a stay. Accordingly, it is ORDERED as follows:
1. Attorney Azor is TERMINATED as counsel for Plaintiffs. With counsel's withdrawal, Plaintiffs will be without legal counsel. Unless and until new counsel enters an appearance on their behalf, Plaintiffs will be responsible for representing themselves in this lawsuit. [fn 1] This requires Plaintiffs to review the docket in this case and abide by all orders and deadlines set forth therein. See Moon v. Newsome, 863 F. 2d 835, 837 (11th Cir. 1989), cert. denied, 493 U.S. 863 (1989) (pro se litigants are "subject to the relevant law and rules of court, including the Federal Rules of Civil Procedure"). In particular, the Court directs Plaintiffs' attention to the Case Management and Scheduling Order entered on November 5, 2025. See Doc. No. 34. Plaintiffs may view the docket in this case at any United States District Courthouse in the Middle District of Florida. Alternatively, they may create an account on pacer.gov to view the docket from any personal computer.
2. Because Plaintiffs will be responsible for representing themselves unless and until new counsel enters an appearance on their behalf, the Court
also directs their attention to the Court's website, http://www.flmd.uscourts.gov. On the Court's homepage, Plaintiffs can find basic information and resources for parties who are proceeding without a lawyer in a civil case by clicking on the "For Litigants" tab and then selecting "Litigants without Lawyers.” Plaintiffs are cautioned that failure to comply with the Federal Rules of Civil Procedure, the Local Rules of this Court, or Court Orders may result in sanctions. See Fed. R. Civ. P. 16(f).
3. The Clerk of Court is DIRECTED to reflect the following contact information for Plaintiffs on the docket:
Rosa Wise 103 Sanford Village Way, Apt. D Sanford, Florida 32771 Telephone Number: 407-393-8500 Email Address: [email protected]
Brionna Bobb 208 West Division Street Deland, FL, 32720 Telephone Number: 229-305-0832 Email Address: [email protected]
4. Plaintiffs' oral motion to receive case notifications via email (Doc. No. 44) is GRANTED. See Moore v. Adventist Health Sys. Sunbelt Healthcare Corp., No. 6:23-cv-1163-PGB-DCI, 2023 WL 4947933, at *1 (M.D. Fla. Aug. 3, 2023) ("[T]he Court in its discretion may grant a pro se party permission to receive electronic notifications."). The Clerk of Court is further DIRECTED to add
Plaintiffs' email addresses, [email protected] and [email protected], to CM/ECF and ensure that Plaintiffs receive Notices of Electronic Filings, to include a copy of this Order.
DONE and ORDERED in Orlando, Florida on December 11, 2025.
Uslistan Price
LESLIE HOFFMAN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties
[fn 1]: Ms. Wise is permitted to proceed pro se as the executor of the Estate of Jayvion Marquise Barthel, as there are no other beneficiaries and/or creditors of the estate. See Iriele v. Griffin, 65 F. 4th 1280, 1285 (11th Cir. 2023).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Moon v. Lanson Newsome, 863 F.2d 835 (11th Cir. 1989)
- Flores-Dominguez v. United States, 493 U.S. 863 (U.S. 1989)
- Nathansen v. City of Ocala (M.D. Fla. 2026)
- Iriele v. Griffin, 65 F.4th 1280 (11th Cir. 2023)