Henry v. Matrixx Initiatives Incorporated et al

Filing 18

ORDER granting (Doc. 1406, filed in MDL-2096) Motion to Withdraw as Counsel for Plaintiff Carla Henry. All future notice to plaintiff Carla Henry shall be to the address listed in the motion. Signed by Judge Frederick J Martone on 4/28/11. (Origianl Order filed in MDL-2096, Doc. 1441) (MAP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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In Re Zicam Cold Remedy Marketing,)
Sales Practices, and Products Liability)
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Litigation.
_________________________________ )
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This document relates to:
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Carla Henry v. Matrixx Initiatives, Inc., )
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et al.
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No. CV-10-2082-PHX-FJM.
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No. 09-md-2096-PHX-FJM
ORDER

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The court has before it a renewed motion from lawyers Charles S. Zimmerman,
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Timothy J. Becker, and Stacy K. Hauer to withdraw as counsel for plaintiff Carla Henry (doc.
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1406). Plaintiff has not responded, and no trial date has been set.
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We denied counsel’s first motion to withdraw for failure to explain the nature of their
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“fundamental disagreement” with plaintiff, and because counsel did not indicate whether
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they served their client with the motion. Order of March 28, 2011 (doc. 1397).
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Counsel explain that the fundamental disagreement relates to plaintiff’s
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“unwillingness to participate in the litigation of her claim.” Motion at 2. Counsel state that
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plaintiff has not responded to their repeated attempts to elicit discovery responses and discuss
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the settlement proposal. Counsel further assert that they have “made several attempts to
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communicate with Plaintiff by telephone, email and letters, in an attempt to communicate and
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resolve the communication issues with Plaintiff.” Id. Counsel state they notified plaintiff
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of their intention to withdraw in two separate letters, served plaintiff with their motion to

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withdraw, and notified plaintiff of information about her case, as required by LRCiv

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83.3(b)(2)(A).

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Because counsel have attempted to communicate with plaintiff about her case and

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plaintiff has been non-responsive, there is good cause for withdrawal. See ER 1.16(b)(5).

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IT IS ORDERED GRANTING the motion to withdraw as counsel for plaintiff Carla

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Henry (doc. 1406). All future notice to plaintiff Carla Henry shall be to the address listed

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in the motion.

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DATED this 28th day of April, 2011.

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