Four in One Company, Inc. v. SK Foods, L.P. et al
Filing
303
ORDER signed by Chief District Judge Kimberly J. Mueller on 11/5/2020 GRANTING 298 Motion to Withdraw as Attorney. Attorney Malcolm S. Segal terminated. (Kastilahn, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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Four in One Company, et al.,
Plaintiffs,
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No. 2:08-cv-03017-KJM-JDP
ORDER
v.
SK Foods, L.P. et al.,
Defendants.
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Attorney Malcolm Segal moves to withdraw as counsel for defendant Scott Salyer, which
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would leave Mr. Salyer without counsel. ECF No. 298. No party filed an opposition or statement
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of non-opposition. As explained in this order, the motion is granted.
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If withdrawal would leave a client in propria persona, Local Rule 182(d) requires the
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withdrawing party to seek leave of court, file a formal motion and provide notice of the
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withdrawal to the client and all other parties who have appeared. The attorney must also provide
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an affidavit stating the current or last known address or addresses of the client and the efforts
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made to notify the client of the motion to withdraw. Id. Withdrawal must also comply with the
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Rules of Professional Conduct of the State Bar of California. Id. Rule 1.16 requires an attorney
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to take “reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, such
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as giving the client sufficient notice to permit the client to retain other counsel, and complying
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with paragraph (e),” which in turn requires counsel to return the client’s materials and property
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and any expenses or fees paid in advance that the lawyer has not earned or incurred. The Rules
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also permit withdrawal if, as relevant here, “the client knowingly and freely assents to termination
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of the representation.” Cal. R. Prof. Conduct 1.16(b)(6).
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Whether to grant a motion to withdraw is within the court’s discretion. United States v.
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Carter, 560 F.3d 1107, 1113 (9th Cir. 2009). Courts consider several factors when evaluating a
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motion to withdraw, including the reasons for withdrawal, possible prejudice to the client and
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other litigants, harm to the administration of justice, and possible delay. Deal v. Countrywide
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Home Loans, No. 09-01643, 2010 WL 3702459, at *2 (N.D. Cal. Sept. 15, 2010) (citation
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omitted).
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Mr. Segal has complied with the rules described above. He has requested leave to
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withdraw in a formal motion, has given notice to all parties, and has submitted an affidavit with
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Mr. Salyer’s current address. See Mot., ECF No. 298; id. Ex. 1, ECF No. 298-1. Mr. Salyer has
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also submitted a declaration confirming that he requested that Mr. Segal withdraw. See id. Ex. 2,
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ECF No. 298-2. The relevant factors described above also weigh in favor of the motion. No
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party opposes the motion, Mr. Salyer has confirmed he would like to proceed without counsel,
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and the court perceives no likely delays or harms to the administration of justice if the motion is
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granted.
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The motion is thus granted. Mr. Segal and his firm, Segal & Associates, are terminated
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as counsel in this proceeding.
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IT IS SO ORDERED.
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DATED: November 5, 2020.
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