Estate of Angel Antonio Mendoza-Saravia v. Fresno County Sheriff's Dept. et al.

Filing 69

ORDER Granting Cypress, LLP, Leave to Withdraw as counsel for Defendant James Kerr d/b/a West Coast Ammunition 61 , signed by Magistrate Judge Sandra M. Snyder on 4/29/11. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ANGIE MELISSA CASTRO, et al.,

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CASE NO. 1:10-cv-00618-OWW-SMS

Plaintiffs,

ORDER GRANTING CYPRESS, LLP, LEAVE
TO WITHDRAW AS COUNSEL FOR
DEFENDANT JAMES KERR d/b/a WEST
COAST AMMUNITION

v.
CITY OF MENDOTA, et al.,
Defendants.

(Doc. 61)
/

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On March 28, 2011, Cypress, LLP, attorneys for Defendant James Kerr d/b/a West Coast

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Ammunition moved to withdraw as counsel, citing Defendant’s inability to continue to pay legal

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fees (Doc. 61). Defendant James Kerr submitted a declaration in support of withdrawal, stating

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his inability to pay further counsel fees. Defendants City of Mendota and County of Fresno have

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filed a statement of non-opposition (Doc. 65). No other party has filed opposition.

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This court has reviewed the papers and has determined that this matter is suitable for

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decision without oral argument pursuant to Local Rule 78-230(h). Having considered all written

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materials submitted, the undersigned orders that the motion for leave to withdraw be granted.

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Attorneys may generally withdraw from representation upon the request of the client.

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Local Rule 83-182(d) provides, in pertinent part, “Withdrawal as attorney is governed by the

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Rules of Professional Conduct of the State Bar of California, and the attorney shall conform to

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the requirements of those Rules.” See Cal.R.P.C. 3-700(C)(5) (permitting an attorney to

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withdraw from representation in a pending matter when the client “knowingly and freely

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consents to termination of the employment”).
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California’s rules require the notice of motion and declaration to be served on the client

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and all other parties who have appeared in the case. CRC 3.1362(d). All parties have been

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served with the notice of motion to withdraw filed by Cypress, LLP.

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Defendant, James Kerr d/b/a West Coast Ammunition, is advised that failure to

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take appropriate legal action may result in serious legal consequences, and consideration of

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obtaining legal assistance is strongly advised.

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In addition, a “corporation may appear in the federal courts only through licensed

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counsel.” Rowland v. California Men’s Colony, 506 U.S. 194, 202 (1993). See also Local

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Rule 183(a) (providing that a corporation or other entity may appear only by an attorney).

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A president or shareholder may not represent a corporation in court but must retain

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appropriate licensed counsel. United States v. High Country Broadcasting Co., Inc., 3 F.3d

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1244, 1245 (9th Cir. 1993), cert. denied, 513 U.S. 826 (1994).

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Accordingly, it is hereby ORDERED that the Motion to Withdraw as Counsel for

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Defendant James Kerr d/b/a West Coast Ammunition, brought by attorneys Cypress, LLP, is

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GRANTED. Defendant, James Kerr d/b/a/ West Coast Ammunition, is hereby ORDERED to

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retain legal counsel within thirty (30) days from the date of service of this order.

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IT IS SO ORDERED.

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Dated:
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April 29, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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