One 3 Two Inc v. Akame Inc et al

Filing 29

ORDER GRANTING WANGER & ASSOCIATES' MOTION TO WITHDRAW AS COUNSEL 27 , 28 by Judge Otis D. Wright, II: The Court therefore GRANTS Wagner & Associates' Motion to Withdraw as Counsel. (ECF Nos. 27, 289.) Wagner is ORDERED to serve a copy of this Order on all parties and file proof of service with the Court. (bp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ONE 3 TWO INC., dba OBEY
CLOTHING,
v.

Plaintiff,

AKAME, INC., dba DESTINY
FASHIONS et al.,

Case No. 2:12-cv-6836-ODW(JCGx)
ORDER GRANTING WAGNER &
ASSOCIATES’ MOTION TO
WITHDRAW AS COUNSEL [27],
[28]

Defendants.

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On January 4, 2013, Defendant Eugene Okorie attempted to substitute himself

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for his current counsel, Daniel Wagner of Wagner & Associates, and proceed pro se

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on behalf of himself and Akame, Inc.

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substitution because corporations may not represent themselves in federal court.

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Rowland v. Cal. Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 201–

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02 (1993). (ECF No. 23.)

(ECF No. 20.)

The Court struck the

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On February 14, 2013, Wagner & Associates moved to withdraw as counsel,

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alleging that Defendants have failed to pay the firm any fees in over three months.

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(Wagner Decl. ¶ 4.) Wagner has also had little communication with Defendants.

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(Id. ¶ 3.) As of the date of this order, Defendants have not opposed the withdrawal.

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Local Rule 83-2.9.2.1 requires an attorney to obtain leave from the court to

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withdraw as counsel. California’s Rules of Professional Conduct generally govern an

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attorney’s conduct before this Court, including circumstances permitting withdrawal.

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See L.R. 83-3.1.2. An attorney may request permission to withdraw if the client has

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breached a payment obligation to the attorney. Cal. R. Prof’l Conduct 3-700(C)(1)(f).

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A district court has discretion to permit or deny an attorney’s withdrawal.

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Huntington Learning Ctrs., Inc. v. Educ. Gateway, Inc., No. 2:09-cv-3200

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PSG(VBKx), 2009 WL 2337863, at *1 (C.D. Cal. July 28, 2009). Courts often

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consider four factors: “(1) the reasons why withdrawal is sought; (2) the prejudice

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withdrawal may cause to other litigants; (3) the harm withdrawal might cause to the

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administration of justice; and (4) the degree to which withdrawal will delay the

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resolution of the case.” Id.

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Defendants have not paid Wagner for services rendered in over three months.

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They have also had little to no communication with their attorney. Defendants were

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apparently aware of Wagner’s desire to withdraw since at least January 4, 2013,

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because Okorie purported to proceed pro se on behalf of himself and Akame, Inc.

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Wagner also mailed a copy of this Motion to Defendants on February 14, 2013.

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Further, none of the dates in the Court’s Scheduling and Case Management Order

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have passed, so Defendants should not be unduly prejudiced by Wagner’s withdrawal.

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The Court therefore GRANTS Wagner & Associates’ Motion to Withdraw as

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Counsel. (ECF Nos. 27, 28.) Wagner is ORDERED to serve a copy of this Order on

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all parties and file proof of service with the Court.

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IT IS SO ORDERED.

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March 11, 2013

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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