Winding v. Allstate

Filing 57

ORDER granting 53 Motion to Withdraw as Attorney signed by Judge Frank C. Damrell, Jr on 6/13/11: Plaintiff Jacob Winding is substituted in propria persona. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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JACOB WINDING,
NO. CIV. S-09-3526 FCD KJN

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Plaintiff,
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v.

ORDER GRANTING ATTORNEY’S
WITHDRAWAL

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ALLSTATE INSURANCE COMPANY,

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Defendant.
____________________________/

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----oo0oo----

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This matter is before the court on Vernon C. Goins II

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(“Goins”) and Goins & Associates’ motion to withdraw as attorney

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of record for plaintiff Jacob Winding.1

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Pursuant to E.D. Cal. L.R. 182(d):

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[A]n attorney who has appeared may not withdraw leaving
the client in propria persona without leave of court
upon noticed motion and notice to the client and all
other parties who have appeared. The attorney shall
provide an affidavit stating the current or last known
address or addresses of the client and the efforts made
to notify the client of the motion to withdraw.

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Defendant Allstate Insurance Company filed a statement
of non-opposition to the motion. (Docket #56.)
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Withdrawal as attorney of record is governed by the
Rules of Professional Conduct of the State Bar of
California, and the attorney shall conform to the
requirements of those Rules.

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Counsel has complied with the requirements of the local rules by
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noticing the instant motion, providing proof of service of the
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pending motion by mail to plaintiff, and providing the court with
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plaintiff’s current address.2
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The Rules of Professional Conduct of the State Bar of
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California provide in pertinent part:
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A member may not request permission to withdraw in
matters pending before a tribunal. . . , unless such
request or such withdrawal is because the client . . .
renders it unreasonably difficult for the member to
carry out the employment effectively.

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California Rules of Professional Conduct, Rule 3-700(C)(1)(d).
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Goins represents that there has been an irreparable breakdown in
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his relationship with plaintiff such that he can no longer
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effectively represent plaintiff in this action.

(Goins II Decl.,

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filed May 13, 2011.)

Goins attests that plaintiff refuses to

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consider his legal advice or otherwise cooperate or assist Goins
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in the litigation of this case.

(Id. at ¶ 2g.)

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Moreover, discovery has largely concluded in the case (Goins
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II Decl, ¶ 2h and i), and there remains sufficient time for
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plaintiff to seek other counsel, should he wish to do so, before
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the April 2012 trial date.

Thus, there will be minimal, if any,

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prejudice to plaintiff arising out of counsel’s withdrawal.
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Accordingly, the court GRANTS Goins’ motion to withdraw as
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attorney of record.

Goins shall comply with the requirements of

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Because oral argument will not be of material
assistance, the court orders this matter submitted on the briefs.
E.D. Cal. L.R. 230(g).
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California Rules of Professional Conduct, Rule 3-700(D).

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Plaintiff Jacob Winding is substituted in propria persona.

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current address and telephone number are as follows: Jacob

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Winding, 6 West Main Street, Stockton, CA 95202.

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His

Pursuant to Local Rule 72-302(c)(21), this case is hereby

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referred to the assigned Magistrate Judge Kendall J. Newman for

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case management and recommendation(s) to the District Court

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Judge.

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regard to further case management.

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Parties are to contact Matt Casper at 916-930-4187 with

IT IS SO ORDERED.
DATED: June 13, 2011

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FRANK C. DAMRELL, JR.
UNITED STATES DISTRICT JUDGE

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