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United States of America v. John M. Hardimon

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


January 11, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOHN M. HARDIMON, DOING BUSINESS AS HARDIMON CHIROPRACTIC CENTER, AND ALSO DOING BUSINESS AS HARDIMON CHIROPRACTIC AND PHYSICAL THERAPY, DEFENDANT.

The opinion of the court was delivered by: Reagan, District Judge:

MEMORANDUM AND ORDER

On October 19, 2010, John M. Hardimon waived indictment and pled guilty to a 15-count information in the above-captioned case. The undersigned Judge accepted Hardimon's plea, adjudged Hardimon guilty, scheduled sentencing for January 28, 2011, and released Hardimon on bond pending sentencing.

Six weeks later, Hardimon moved to withdraw his guilty plea, asserting that it was neither knowing nor voluntary. The Court set a briefing schedule and hearing on Hardimon's motion (see Docs. 17, 19). That schedule was adjusted when the Court denied a motion to continue the sentencing and related deadlines (see Doc. 24).

On January 5, 2011, attorneys Drey Cooley and Sanford Boxerman (and the law firm of Capes, Sokol, Goodman & Sarachan, P.C.) moved to withdraw as Hardimon's counsel, attesting that circumstances had "resulted in a complete breakdown in the attorney-client relationship" (see Doc. 28). The undersigned Judge heard the motion to withdraw as counsel in open Court on January 11, 2011. At the conclusion of the hearing, the Court ruled as follows.

! The January 5, 2011 motion (Doc. 28) is GRANTED IN PART and RESERVED IN PART. The Court WILL RELIEVE attorneys Cooley and Boxerman, as well as attorney Gary Sarachan (who was admitted pro hac vice herein) and the law firm of Capes, Sokol, et al., from further representation of Defendant Hardimon herein. The Clerk's Office will not reflect that withdrawal at this time, however, but will wait until new counsel has entered on behalf of Defendant Hardimon. As soon as new defense counsel enters, the Court will allow current defense counsel to withdraw, will clear Doc. 28 (and may set a telephone status conference with all counsel of record).

! The Court ADJUSTS THE BRIEFING SCHEDULE on Hardimon's pending motion to withdraw guilty plea (Doc. 16) also. The Government already has prepared its response to Doc. 16 and intends to file it in accord with the existing schedule (on or before January 12, 2011). Defendant Hardimon's reply brief, if any, must be filed no later than February 21, 2011. The Court RE-SETS THE HEARING on Doc. 16 for 10:15 am on Friday March 4, 2011. (For planning purposes, the Court advises counsel that the hearing must conclude no later than 12:00 pm that day.) If the motion to withdraw plea (Doc. 16) is denied, SENTENCING will proceed at 1:00 pm on Friday, March 18, 2011.

IT IS SO ORDERED.

Michael J. Reagan United States District Judge

20110111

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