Edward C Pellegrini v. Greenville M Gooder Jr et al

Filing 42

ORDER by Judge Ronald S.W. Lew: granting 39 Local Counsel John R. Armstrong, Thomas D. Georgianna's Motion to Withdraw as Counsel of Record for Defendants Grenville M. Gooder, Jr., David N. Platt, Ascension Asset Management, LLC, and Westway Development, LLC. The Court finds, however, that granting of this Motion will leave Defendants without local counsel in violation of Local Rule 83-2.3.3. As such, this Court further orders pro hac vice counsel to retain new local counsel. Defendants' Local Counsel is HEREBY ordered to give notice to pro hac vice counsel and all Defendants of this Order. (lom)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 Edward C. Pellegrini,
Trustee of Edward
12 Pellegrini Trust, Edward C.
Pellegrini Revocable Trust,
13 Pellegrini Family GS Trust;
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Plaintiff,
v.

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Grenville M. Gooder, Jr.;
16 David N. Platt; Ascension
Asset Management, LLC;
17 Westway Development, LLC;
and Does 1 through 100
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Defendants.
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CV 11-6908 RSWL (JCGx)
ORDER Re: Motion to
Withdraw as Counsel of
Record for Defendants
[39]

On March 8, 2012, Defendants’ Local Counsel John R.

21 Armstrong, Thomas D. Georgianna, and Horwitz, Cron &
22 Armstrong, LLP’s (“Defendants’ Local Counsel”) Motion
23 to Withdraw as Counsel of Record for Defendants
24 Grenville M. Gooder, Jr., David N. Platt, Ascension
25 Asset Management, LLC, and Westway Development, LLC
26 (“Defendants”) was scheduled for a hearing before this
27 Court [39].

Defendants’ Local Counsel seeks leave of

28 the Court to withdraw from the present Action on the
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1 grounds that a dispute between Defendants’ Local
2 Counsel and Defendants’ pro hac vice counsel
3 Mavromihalis, Pardalis, and Nohavicka LLP (“pro hac
4 vice counsel”) has arisen as to the role and
5 responsibilities of local counsel.

As a preliminary

6 matter, the Court finds that a hearing is not necessary
7 for this Matter, and as such, the Court takes this
8 Motion under submission.

As to the merits of this

9 Motion, the Court having reviewed all papers submitted
10 pertaining to this Motion, NOW FINDS AND RULES AS
11 FOLLOWS:
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Defendants’ Local Counsel’s Motion is hereby

13 GRANTED.

The Court finds that Defendants’ Local

14 Counsel has shown good cause to merit withdrawal in the
15 present Action.

Additionally, allowing Defendants’

16 Local Counsel to withdraw from this Action would not
17 cause undue delay in prosecution.

Moreover,

18 Defendants’ Local Counsel has given adequate notice to
19 pro hac vice counsel, and the Court finds that allowing
20 withdrawal at this time would not prejudice Defendant.
21 Therefore, the Court GRANTS Defendants’ Local Counsel
22 Motion to Withdraw as Counsel for Defendants.
23 Accordingly, John R. Armstrong, Thomas D. Georgianna
24 and Horwitz, Cron & Armstrong, LLP shall no longer be
25 the attorney of record for Defendants effective the
26 date of the filing of this Order.
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The Court finds, however, that granting of this

28 Motion will leave Defendants without local counsel in
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1 violation of Local Rule 83-2.3.3.

As such, this Court

2 further orders pro hac vice counsel to retain new local
3 counsel.
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Finally, Defendants’ Local Counsel is HEREBY

5 ordered to give notice to pro hac vice counsel and all
6 Defendants of this Order.

Pro hac vice Counsel’s last

7 known contact information is as follows:
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Address:

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Joseph D. Nohavicra
Mavromihalis, Paradlis & Nohavicra

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34-03 Broadway, Suite 200

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Astoria, New York 1106

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13 IT IS SO ORDERED.
14 DATED: March 8, 2012
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HONORABLE RONALD S.W. LEW
Senior, U.S. District Court Judge

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