UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

WILBERT HARE, ON BEHALF OF HIMSELF

AND 65 SIMILARLY SITUATED MEMBERS

OF UNITED AUTO WORKERS LOCAL UNION

NO. 668 AND EMPLOYEES OF THE GENERAL

MOTORS CORPORATION,

Plaintiffs, Case Number 15-12043

v. Honorable David M. Lawson

INTERNATIONAL UNION UNITED AUTOMOBILE,

AEROSPACE, AND AGRICULTURAL IMPLEMENT

WORKERS OF AMERICA (UAW), and GENERAL

MOTORS LLC,

Defendants.

_____________________________________________/

ORDER GRANTING MOTION TO WITHDRAW AND ORDERING THE PLAINTIFF

TO FIND REPLACEMENT COUNSEL WITHIN THIRTY DAYS

This matter is before the Court on attorney Mandel I. Allweil’s motion to withdraw as

counsel of record in this putative class action. It appears that there is a disagreement between Mr.

Hare, the named plaintiff, and Mr. Allweil as to the manner in which to proceed in this case. The

Court heard oral argument on November 19, 2015 and has reviewed the motion and finds that

attorney Allweil has shown good grounds for the Court to allow his withdrawal. The Court therefore

will grant attorney Allweil’s motion. 

However, the plaintiff is now without counsel. Mr. Hare cannot proceed pro se on behalf

of a putative class action “[b]ecause, by definition, pro se means to appear on one’s own behalf, a

person may not appear pro se on another person’s behalf in the other’s cause of action.” Cavanaugh

ex rel. Cavanaugh v. Cardinal Local Sch. Dist., 409 F.3d 753, 755 (6th Cir. 2005), abrogated on

other grounds by Winkelman ex rel. Winkelman v. Parma City. Sch. Dist., 550 U.S. 516, 127 (2007);

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see also 28 U.S.C. § 1654 (“In all courts of the United States the parties may plead and conduct their

own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to

manage and conduct causes therein.”) (emphasis added). 

Mr. Hare, of course, can pursue his claims on his own behalf, but thus far this case has been

presented as a putative class action. If Mr. Hare wishes to continue pursuing this case with the

intention of certifying a class, he must obtain counsel. See Fed. R. Civ. P. 23(g). Mr. Hare is not

an attorney and therefore cannot represent a class as a pro se litigant. Therefore, the Court will allow

the plaintiff thirty days to find suitable counsel to appear in this case or elect to proceed on an

individual basis. If no new counsel appears for the plaintiff, or Mr. Hare does not file an amended

complaint deleting the class references, the case will be dismissed without prejudice.

Accordingly, it is ORDERED that attorney Mandel I. Allweil’s motion to withdraw as

counsel of record for the plaintiff [dkt. #19] is GRANTED. The appearance of attorney Allweil as

counsel of record for the plaintiff is WITHDRAWN, and attorney Allweil is relieved of any further

responsibility to the Court in this matter.

It is further ORDERED that the plaintiff must find suitable counsel to represent him and the

class in this case or the case will be dismissed without prejudice. The attorney must file an

appearance with the Court on or before December 21, 2015.

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It is further ORDERED that motion hearing set for December 8, 2015 at 2:00 p.m. is

adjourned until further notice of the Court.

s/David M. Lawson 

DAVID M. LAWSON

United States District Judge

Dated: November 20, 2015

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on November 20, 2015.

s/Susan Pinkowski 

SUSAN PINKOWSKI

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