Miller v. S&S Hay Company et al

Filing 44

AMENDED ORDER GRANTING Motion to Withdraw as Counsel of Record for Defendant Skye Sauer, documents 37 and 43 . The Court DIRECTS Attorney Paul Crane to serve a copy of this order on defendant Sauer within ten days, as well as forward ing to Mr. Sauer, all documents which compose his file. Defendant Sauer is ORDERED to file with the Court, by no later than 9/10/2013, his mailing address, phone number, and email address. Order signed by Magistrate Judge Sandra M. Snyder on 8/21/2013. (Rooney, M)

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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.,

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Plaintiff,
v.

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

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

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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 attend.

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Plaintiff’s counsel Kevin Little was excused from the proceedings. On the record, Mr. Crane

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described his efforts to contact Mr. Sauer to inform him of the hearing by telephone, voicemail, and

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email. Furthermore, in his motion, he certified that he had served Plaintiffs and Mr. Sauer.

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

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grounds for withdrawal from representation. Local Rule 83-182(d) provides, in pertinent part,

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“Withdrawal as attorney is governed by the Rules of Professional Conduct of the State Bar of

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California, and the attorney shall conform to the requirements of those Rules.” See Cal.R.P.C. 31

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

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client “renders it unreasonably difficult for the member to carry out employment effectively”) and

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Cal.R.P.C. 3- 700(C)(1)(f) (permitting an attorney to withdraw from representation in a pending

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matter when the client “breaches an agreement or obligation to the member as to expenses or

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fees”).

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On August 19, 2013, the Court filed an order granting the motion. Doc. 43. The Court now
amends the order and orders as follows:
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GRANTED.

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The motion of Paul M. Crane to withdraw as counsel for Defendant Skye Sauer is

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Within ten days of this order, Paul M. Crane shall serve Skye Sauer with a copy of
this order.

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3.

Mr. Crane shall send to Mr. Sauer all documents composing his file.

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4.

Mr. Sauer may elect to retain other counsel. Until he does so, however, he is pro se

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and will serve as the attorney in his case. By and preferably before Tuesday,

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September 10, 2013, Mr. Sauer shall file with the Court his mailing address,

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telephone number, and email address. Refer to case number 1:12-cv-01796-LJO-

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SMS, and mail this information to:

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United States District Court
2500 Tulare St. # 1501
Fresno, CA 93721

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5.

Mr. Sauer is reminded that an Initial Scheduling Conference is scheduled for 10:00

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AM on September 18, 2013, in Courtroom 1 on the eighth Floor of the Robert E.

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Coyle United States Courthouse, 2500 Tulare Street, Fresno, California 93721.

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Mr. Sauer may retain other counsel. If he desires to do so, he is strongly encouraged
to do so before the scheduling conference.

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IT IS SO ORDERED.
Dated:

August 21, 2013

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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