Miller v. S&S Hay Company et al

Filing 43

ORDER GRANTING 37 Motion to Withdraw as Counsel for Defendant Skye Sauer, signed by Magistrate Judge Sandra M. Snyder on 8/14/2013. PHV Attorney Paul M. Crane no longer counsel for Defendant Skye Sauer.(Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM JAKE MILLER, individually
and doing business as MILLER HAY CO.,
Plaintiff,

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Case No. 1:12-cv-01796-LJO-SMS
ORDER GRANTING MOTION TO
WITHDRAW AS COUNSEL FOR
DEFENDANT SKYE SAUER

v.
S&S HAY COMPANY, an Arizona limited
liability company; SKYE SAUER, an
individual; ARI SCHIFF, an individual,
Defendants.

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Paul M. Crane is the attorney for each of the defendants in this matter. On July 17, 2013, he

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moved to withdraw as counsel for Defendant Skye Sauer. Doc. 37. The motion cited Mr. Sauer’s

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continuing inability to make satisfactory arrangement for payment of attorney’s fees and costs in

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the case. The motion noticed a hearing for August 14, 2013.

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Mr. Crane appeared telephonically at the August 14 hearing. Mr. Sauer did not. On the

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record, Mr. Crane described his efforts to contact Mr. Sauer to inform him of the hearing by

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telephone, voicemail, and email.

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The undersigned recommends that Mr. Crane’s motion for leave to withdraw be granted. A

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client’s failure to pay outstanding fees or refusal to cooperate with his attorney are grounds for

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withdrawal from representation. Local Rule 83-182(d) provides, in pertinent part, “Withdrawal as

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attorney is governed by the Rules of Professional Conduct of the State Bar of California, and the

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attorney shall conform to the requirements of those Rules.” See Cal.R.P.C. 3-700(C)(1)(d)
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permitting an attorney to withdraw from representation in a pending matter when the client “renders

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it unreasonably difficult for the member to carry out employment effectively”) and Cal.R.P.C. 3-

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700(C)(1)(f) (permitting an attorney to withdraw from representation in a pending matter when the

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client “breaches an agreement or obligation to the member as to expenses or fees”).

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California’s rules require service on the client and all other parties who have appeared in the

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case. CRC 3.1362(d). In his motion, Mr. Crane certifies that he has served Plaintiffs and Mr. Sauer.

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Accordingly, it is hereby ORDERED that the motion of Paul M. Crane to withdraw as

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counsel for Defendant Skye Sauer is GRANTED.

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IT IS SO ORDERED.
Dated:

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August 14, 2013

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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