Free Order on Motion to Withdraw as Attorney - District Court of California - California

Case 5:07-cv-04973-JW

Document 21

Filed 06/04/2008

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 Equal Employment Opportunity Commission, Plaintiffs,
For the Northern District of California

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 07-04973 JW ORDER GRANTING MOTION TO WITHDRAW AS ATTORNEY OF RECORD

United States District Court

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. Bahama Billy's Inc., Defendant. /

Presently before the Court is Carlton DiSante & Freudenberger, LLP's ("CDF"), counsel for Defendant, Motion to Withdraw as Counsel of Record. (hereafter, "Motion," Docket Item No. 10.) Plaintiff has filed an opposition to the motion. (See Docket Item No. 19.) The Court finds the motion appropriate for submission without oral argument. See Civ. L. R. 7-1(b). Based on the papers submitted to date, the Court GRANTS Carlton DiSante & Freudenberger's Motion to Withdraw as Counsel of Record. In a civil case, counsel may not withdraw from an action until relieved by order of the Court. See Civ. L. R. 11-5. Rule 3-700(C) of the California Rules of Professional Conduct provides that a lawyer may withdraw from representing a client where, among other things, (1) the client breaches an agreement with or obligation to the lawyer as to expenses or fees, or (2) other conduct renders it unreasonably difficult for the lawyer to carry out the employment effectively. Rule 3-700(C)(1)(d), (f).

Case 5:07-cv-04973-JW

Document 21

Filed 06/04/2008

Page 2 of 3

1 2 3

In this case, counsel contends as follows: Bahama Billy's Inc. has not paid CDF's monthly invoice for March 2008 and has confirmed that it will not pay any of the future invoices, fees, or expenses incurred in this litigation. (Motion at 2, citing, inter alia, Ex 4., Declaration of T. Lee ¶2.) Although the Court recognizes

4 5

Plaintiff's objection, there is no right to counsel in civil cases.1 The attorney-client relationship is usually an economic relationship. Based on CDF's representation and supporting declarations, the

6 Court finds good cause to relieve CDF as counsel of record for Defendant, Bahama Billy's Inc. 7 The Court stays all currently scheduled filing deadlines in the case for thirty (30) days to 8 give Defendant sufficient time to find substitute counsel. CDF shall remain as counsel of record for 9 thirty (30) days for the purposes of receiving and providing legal documents until there is 10 identification of substitute counsel. On or before July 7, 2008, Defendant shall file a Notice of

United States District Court

11 Identification of Substitute Counsel.
For the Northern District of California

12 CDF shall send a copy of this Order to Defendant and file the necessary certificate of service. 13 In light of this Order, the Court VACATES the hearing currently set for June 9, 2008. 14 15 16 Dated: June 4, 2008 17 18 19 20 21 22 23 24 25 26 27 28 See Arco Environmental Remediation, L.L.C. v. RDM Multi-Enterprises, Inc., 166 Fed. Appx. 929, 930 (9th Cir. 2006). 2
1

JAMES WARE United States District Judge

Case 5:07-cv-04973-JW

Document 21

Filed 06/04/2008

Page 3 of 3

1 2 3 4 5 6 7

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: David F. Offen-Brown [email protected] Evangelina Fierro Hernandez [email protected] Jennifer Dawn Barrera [email protected] Linda Susan Ordonio-Dixon [email protected] Robin Elaine Weideman [email protected] William Robert Tamayo [email protected] Dated: June 4, 2008 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

8 9 10

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28