UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
BEFORE THE ADMINISTRATOR
IN THE MATTER OF )
)
PARAMOUNT ENVIRONMENTAL ) DOCKET NO. CAA-III-073
ASSOCIATES, INC. & AQUA-CHEM )
INC., )
)
)
RESPONDENTS )
ORDER ON MOTION BY COUNSEL FOR RESPONDENT PARAMOUNT ENVIRONMENTAL
ASSOCIATES, INC. FOR LEAVE TO WITHDRAW
Counsel for Respondent Paramount Environmental Associates,
Inc. ("Respondent Paramount") has filed a motion for leave to
withdraw as counsel of record. (1) In support of this motion,
counsel has submitted a memorandum, and his own affidavit which
states that Respondent Paramount had instructed its counsel on or
about April 11, 1997, to take no further action on its behalf in
this matter and that beginning on June 3, 1997, counsel notified
Respondent Paramount that if payment was not forthcoming, it would
be forced to cease its representation in this case.
The file before me reflects that on February 26, 1997, the
undersigned entered a Prehearing Order directing the parties to
file their prehearing exchange. The Complainant timely filed its
prehearing exchange. The Respondents failed to file their
prehearing exchange. On July 1, 1997, the undersigned issued an
Order To Show Cause to the Respondents ordering them to show cause,
if any, why they had failed to meet the June 20, 1997, deadline for
filing their prehearing exchange and why a default order should not
be entered for failing to meet this deadline. To date, no response
has been filed by either Respondent.
In view of the pending Prehearing Order and Order To Show
Cause, counsel's motion to withdraw as counsel of record for
Respondent Paramount is granted subject to counsel certifying that
he has provided Respondent Paramount with adequate notice of the
pending Prehearing Order and Order To Show Cause. The Respondents
are advised that the granting of this motion does not disturb the
requirement for meeting the July 25, 1997, deadline for filing
their responses to the Order To Show Cause. See Matter of Turner
Copter Services, Inc., FIFRA Appeal No. 85-4 (CJO, Nov. 5, 1985).
original signed by undersigned
___________________________
Barbara A. Gunning
Administrative Law Judge
Dated: July 23, 1997
Washington, DC
1. David R. Beane, Esquire, and Stevens & Lee had previously
entered an appearance as counsel for Respondent Paramount in this
matter.
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