Wagner v. Posner et al
Filing
157
ORDER signed by Judge Kimberly J. Mueller on 12/4/2013 ORDERING that the 153 Motion to Withdraw as Attorney is GRANTED. Plaintiff will represent himself in this matter. All dates previously set, as reflected in this court's minute order of 9/6/2013, are confirmed. The Clerk of Court is directed to send a copy of this order and of the 9/6/2013 minute order to plaintiff at the address shown on his filing of 10/29/ 2013 (ECF 152 ), which address will serve as his service address unless or until the court is notified otherwise. (Zignago, K.)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
No. 2:09-CV-03166-KJM-KJN PS
CLINTON WAGNER,
12
13
Plaintiff,
v.
ORDER
14
MOSS POSNER, MD, et al.,
15
16
Defendants.
17
18
Candice L. Fields, appointed counsel, and Mark Gallagher, associated counsel,
19
move to withdraw as plaintiff’s counsel. The motion is unopposed, and the court decides the
20
matter without argument. For the reasons below, the court GRANTS the motion.
21
Withdrawal of counsel is governed by Local Rule 182(d). Under the Rule, an
22
attorney who seeks to withdraw must (1) give notice to the client and all parties who have
23
appeared; (2) comply with the Rules of Professional Conduct of the State Bar of California; and
24
(3) obtain leave of court. L.R. 182(d). Professional Conduct Rule 3-700(c)(5), the relevant
25
rule, in turn permits withdrawal where a client “knowingly and freely assents to termination of
26
the employment” relationship.
27
Here, counsel have met all withdrawal requirements. Concurrent with the filing
28
of the instant motion, counsel have provided notice of the intent to withdraw to both the client,
1
1
Fields Decl. ¶ 6, ECF No. 154, and the remaining parties who have appeared, id. ¶ 7. Likewise,
2
because plaintiff, of his own volition, has expressed an “unequivocal intent to terminate
3
counsel and proceed without representation,” id. ¶ 4, he has knowingly and freely assented to
4
termination. Rule 3-700(c)(5) thus permits withdrawal.
5
6
Accordingly, the motion is GRANTED. Plaintiff will represent himself in this
matter.
7
8
All dates previously set, as reflected in this court’s minute order of September 6,
2013, are confirmed.
9
The Clerk of Court is directed to send a copy of this order and of the September
10
6, 2013 minute order to plaintiff at the address shown on his filing of October 29, 2013 (ECF
11
152), which address will serve as his service address unless or until the court is notified
12
otherwise.
13
14
IT IS SO ORDERED.
DATED: December 4, 2013.
15
16
UNITED STATES DISTRICT JUDGE
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?