DIRECTV, Inc. v. Eagle West Communications, Inc. et al
Filing
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ORDER granting 218 Motion to Withdraw as Attorney and denying 224 Motion for Reconsideration (see PDF for further details). Signed by Senior Judge James A Teilborg on 4/6/2015. (ACL)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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DIRECTV Incorporated,
Plaintiff,
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ORDER
v.
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No. CV-09-00379-PHX-JAT
Eagle West Communications Incorporated,
et al.,
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Defendants.
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Pending before the Court is the motion of Farley, Robinson, and Larson to
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withdraw as counsel for Defendants Paul LaBarre and Terri LaBarre (Doc. 218). Also
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pending is Paul LaBarre and Terri LaBarre’s (collectively, the “LaBarres”) motion for
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reconsideration (Doc. 224). The Court now rules on the motions.
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I.
Motion to Withdraw as Counsel
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Paul LaBarre filed a motion to “proceed pro se” on December 2, 2014, which the
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Court denied as an improper motion. (Doc. 215). The Court pointed out that withdrawal
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of counsel must be done by counsel’s motion pursuant to the Local Rules of Civil
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Procedure. Thereafter, the LaBarres filed a notice of their election to proceed pro se, and
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the Clerk of the Court terminated the LaBarres’ counsel from the Court’s CM/ECF
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system. Counsel has since filed a motion to withdraw, which the Court will grant.
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II.
Motion for Reconsideration
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The LaBarres have filed a motion for reconsideration asking the Court to
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reconsider its October 30, 2014 order in which the Court awarded Plaintiff attorneys’ fees
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and non-taxable costs pursuant to a contract between the parties. (Doc. 224 at 1; Doc.
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207). This motion for reconsideration is a duplicate of the motion for reconsideration that
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the LaBarres previously filed on December 2, 2014 (Doc. 209). The Court issued an
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order on January 22, 2015 denying that motion for reconsideration and explaining why
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the LaBarres’ arguments were unpersuasive. (Doc. 215). Because the LaBarres now
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repeat these arguments and have not presented any additional evidence or argument, the
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Court finds that the LaBarres have failed to show entitlement to relief under Federal Rule
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of Civil Procedure (“Rule”) 60. See (Doc. 215).
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The Court also notes that the LaBarres have filed a notice of appeal from the
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Court’s order awarding Plaintiff its attorneys’ fees and costs. (Doc. 217). This action
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divested the Court of jurisdiction “over those aspects of the case involved in the appeal.”
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Stein v. Wood, 127 F.3d 1187, 1189 (9th Cir. 1997). However, Rule 62.1 permits the
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Court to treat the LaBarres’ motion as a request for an indicative ruling: “If a timely
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motion is made for relief that the court lacks authority to grant because of an appeal that
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has been docketed and is pending, the court may: (1) defer considering the motion; (2)
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deny the motion; or (3) state either that it would grant the motion if the court of appeals
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remands for that purpose or that the motion raises a substantial issue.” Fed. R. Civ. P.
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62.1(a); see also Braun-Salinas v. Am. Family Ins. Grp., 2015 WL 128040, at *2 (D. Or.
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Jan. 8, 2015) (applying Rule 62.1 to a motion for reconsideration filed after a notice of
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appeal).
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Because the Court concludes that the LaBarres’ motion for reconsideration is
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without merit, the Court will deny the motion pursuant to Rule 62.1(a)(2).
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III.
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Conclusion
For the foregoing reasons,
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IT IS ORDERED granting Farley, Robinson, and Larson’s motion to withdraw as
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counsel for the LaBarres (Doc. 218) and allowing Gregory A. Robinson and his firm to
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withdraw as attorneys of record for Defendants Paul LaBarre and Terri LaBarre.
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IT IS FURTHER ORDERED denying the LaBarres’ motion for reconsideration
(Doc. 224).
Dated this 6th day of April, 2015.
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