Pantalion v. Resmae Mortgage Corporation et al

Filing 63

ORDER signed by Judge Morrison C. England, Jr on 9/15/11 GRANTING 58 Motion to Withdraw as Attorney. Mitchell L. Abdallah of the Abdallah Law Group, P.C., is relieved as counsel of record for Plaintiff effective upon the filing of proof of service of this signed order on Plaintiff at her last known address, 303 W. Magnolia Street, Stockton, California 95203. (Matson, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARITY MAE PANTALION,

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No. 2:09-cv-02262-MCE-GGH

Plaintiff,
v.

ORDER

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RESMAE MORTGAGE CORP., et al.,

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Defendants.

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----oo0oo----

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Per his Motion, Mitchell L. Abdallah of the Abdallah Law

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Group, P.C. (“Counsel”), seeks leave of this Court to withdraw as

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Plaintiff’s attorney of record.

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Plaintiff contacted Counsel and requested that he withdraw.

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Motion, ¶ 3.

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Counsel’s instant request.

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Counsel’s current Motion to be supported by good cause.

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California Rules of Professional Conduct 3-700(c)(5) (“[A] member

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may not request permission to withdraw in matters pending before

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a tribunal...unless such request or such withdrawal is

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because...[t]he client knowingly and freely assents to

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termination of the employment.”).

According to his Motion,

Plaintiff intends to proceed pro se and consents to
Id., ¶ 4.

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This Court thus finds

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Given the lack of any Opposition to Counsel’s Motion, and the

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fact that judgment has already been entered in this case, the

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Court further finds no prejudice to Plaintiff or to the other

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parties will result due to Counsel’s withdrawal.

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Wine Co. v. Moldauer, 2009 WL 89141, *1-2 (E.D. Cal.).

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See Canandaigua

In addition, this motion is governed by the requirements of

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Local Rule 182(d), which provides that an attorney may not

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withdraw, leaving the client in propria persona, absent noticed

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motion and an affidavit from counsel showing the efforts made to

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provide notification of the attorney’s intent to withdraw.

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Counsel’s Motion complies with those requirements and this

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request to withdraw is accordingly proper.

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Because Counsel’s request is procedurally correct,

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substantively supported and unopposed, the Motion to Withdraw is

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GRANTED.1

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is relieved as counsel of record for Plaintiff effective upon the

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filing of proof of service of this signed order on Plaintiff at

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her last known address, 303 W. Magnolia Street, Stockton,

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California 95203.

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Mitchell L. Abdallah of the Abdallah Law Group, P.C.,

IT IS SO ORDERED.
Dated: September 15, 2011

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_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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Because oral argument will not be of material assistance,
the Court orders this matter submitted on the briefing. E.D.
Cal. Local Rule 230(g).
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