1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

DENISE LEAL SANCHEZ, STEPHEN 

BURGOYNE, THE ESTATE OF RUBIN 

LEAL,

 Plaintiffs,

vs.

CITY OF POTEET, TEXAS, ERIC A. 

JIMINEZ, IN HIS OFFICIAL CAPACITY 

AS CITY ADMINISTRATOR OF THE 

CITY OF POTEET; BRUCE HICKMAN, 

IN HIS OFFICIAL CAPACITY AS 

CHIEF OF POLICE OF THE CITY OF 

POTEET; WILLIAM LAY, IN HIS 

OFFICIAL CAPACITY AS INSPECTOR 

FOR THE CITY OF POTEET; AND BILL 

GAMEZ, IN HIS OFFICIAL CAPACITY 

AS A MUNICIPAL JUDGE OF THE 

CITY OF POTEET;

 Defendants.

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

SA-20-CV-00618-ESC

ORDER

Before the Court in the above-styled cause of action are Defendants’ Motion to Withdraw

[#17] and the Motion to Withdraw as Counsel for Plaintiffs [#18]. By her motion, Molly G. 

Solis of the law firm of Davidson, Troilo, Ream & Garza, P.C., asks the Court for permission to 

withdraw her representation of the City of Poteet and other individual municipal Defendants. 

The motion indicates that the City of Poteet has terminated its contract with counsel as of August 

5, 2021. Defendants have not yet retained new counsel in this matter. Counsel for Plaintiffs—

the Law Office of Martin Golando, PLLC—have also moved to withdraw, as Plaintiffs have also 

terminated their representation. Plaintiffs have also not yet retained new counsel.

The Court held a telephonic status conference with counsel for all parties on this day. As 

the Court indicated at the conference, the Court finds that counsel has raised a valid basis for 

Case 5:20-cv-00618-ESC Document 19 Filed 08/16/21 Page 1 of 3
2

withdrawal. Current counsel for all parties informed the Court at the conference that the parties 

desire to retain new counsel and not to proceed pro se in this matter. The Court notes that

although individuals may proceed pro se in federal court, the City of Poteet, as an entity, may 

not. See Memon v. Allied Domecq QSR, 385 F.3d 871, 873 (5th Cir. 2004) (explaining that 

corporations must have representation in federal court or face default”); Lattanzio v. COMTA, 

481 F.3d 137, 140 (2d Cir. 2007) (explaining that partnerships and other entities must have 

representation in federal court or face default). Accordingly, if the City of Poteet chooses not to 

obtain new counsel, it leaves itself vulnerable to an entry of default and final default judgment, if 

pursued by Plaintiffs. 

The Court will therefore grant the motions to withdraw and direct the parties to file either 

an advisory indicating they intend to proceed pro se or providing notice of representation by new 

counsel within 30 days. The Court will set this case for a status conference once new 

representation has been established. 

IT IS THEREFORE ORDERED that Defendants’ Motion to Withdraw [#17] and the 

Motion to Withdraw as Counsel for Plaintiffs [#18] are GRANTED. Withdrawing counsel are 

instructed to prepare a copy of their files and forward them to their respective clients’ new 

counsel, once substitute counsel enters an appearance.

IT IS FURTHER ORDERED that the Law Office of Martin Golando, PLLC, is 

terminated as attorneys for Plaintiffs.

IT IS FURTHER ORDERED that Molly G. Solis of the law firm of Davidson, Troilo, 

Ream & Garza, P.C. is terminated as attorney for Defendants. 

IT IS FINALLY ORDERED that the parties file an advisory on or before September 

15, 2021, regarding the retention of new counsel or the intention to proceed pro se.

Case 5:20-cv-00618-ESC Document 19 Filed 08/16/21 Page 2 of 3
3

IT IS SO ORDERED.

SIGNED this 16th day of August, 2021.

ELIZABETH S. ("BETSY") CHESTNEY

UNITED STATES MAGISTRATE JUDGE

Case 5:20-cv-00618-ESC Document 19 Filed 08/16/21 Page 3 of 3