Fresno Rock Taco, LLC, et al. v. Rodriguez, et al.

Filing 117

ORDER Granting Plaintiff's Counsel's 114 Motion to Withdraw as Counsel of Record signed by Magistrate Judge Sheila K. Oberto on 12/02/2014. Status Conference set for 3/4/2015 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ZONE SPORTS CENTER, LLC, et al.,

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Plaintiffs,

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v.
BEN RODRIGUEZ,

Case No. 1:11-cv-00622-SKO
ORDER GRANTING PLAINTIFF'S
COUNSEL'S MOTION TO WITHDRAW
AS COUNSEL OF RECORD
(Doc. 114)

Defendant.
_____________________________________/

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The Court's March 6, 2013, order on Defendants' motion for summary judgment has been

21 appealed and is currently pending before the Ninth Circuit. The remainder of the case has been
22 stayed pending the outcome of that appeal.
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On October 22, 2014, Plaintiffs' counsel filed a motion to withdraw as attorney of record

24 due to a conflict of interest that has arisen between Plaintiffs and counsel. Specifically, Plaintiffs
25 have filed suit against their counsel in state court related to their counsel's representation of them
26 in another action. No opposition to counsel's motion has been filed. Due to the conflict of interest
27 with his clients, counsel's request to withdraw is appropriate. California Rules of Prof. Conduct,
28 Rule 3-700(C)(d). Moreover, because the underlying case is stayed, the withdrawal will not

1 prejudice Plaintiffs.1
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Plaintiffs' counsel's motion is therefore GRANTED, and the hearing set for December 3,

3 2014, is VACATED. Because Plaintiff Zone Sports Center, LLC is an artificial entity, it must
4 retain counsel to pursue its claims in this court. Rowland v. Cal. Men’s Colony, 506 U.S. 194, 202
5 (1993); United States v. High Country Broad. Co., 3 F.3d 1244, 1245 (9th Cir. 1993) (per curiam);
6 see also Osborn v. Bank of U.S., 22 U.S. (9 Wheat.) 738, 829 (1824). As such, Plaintiffs are
7 ORDERED to retain counsel who shall file a notice of appearance within 30 days of the date of
8 this order.
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Additionally, a status report was filed by the parties on November 26, 2014, indicating the

10 matter before the appellate court remains pending. As such, the status conference currently set for
11 December 3, 2014, is CONTINUED to March 4, 2015, at 9:30 a.m. The parties shall file an
12 updated status report within 7 days of a dispositive order from the Ninth Circuit on the pending
13 appeal or no later than February 25, 2015, whichever occurs first.
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IT IS SO ORDERED.
Dated:

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December 2, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Plaintiffs' counsel notes that he also filed a request to withdraw as counsel of record for the pending appeal before
the Ninth Circuit, which was granted.

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