Arch Insurance Company v. Sierra Equipment Rental, Inc. et al
Filing
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ORDER signed by District Judge Kimberly J. Mueller on 1/27/2016 ORDERING that the 146 Order to Show Cause as to Mr. Rooney is DISCHARGED. Mr. Rooney is ORDERED to file a formal motion to withdraw as counsel in compliance with the Local Rules and Rules of Professional Responsibility no later than 2/11/2016, set for hearing no later than 3/11/2016. The motion hearing on plaintiff's 153 Motion for Partial Summary Judgment set for 2/12/2016 is hereby VACATED and RESET for 4/8/2016 at 10:00 a.m. (Zignago, K.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ARCH INSURANCE COMPANY,
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No. 2:12-cv-00617-KJM-KJN
Plaintiff,
v.
ORDER
SIERRA EQUIPMENT RENTAL, INC.,
et al.,
Defendants.
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At the Status (Pretrial Scheduling) Conference on October 30, 2014, Kevin
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Rooney, counsel for defendant Sierra Equipment Rental, Inc. (“Sierra”), told the court he has no
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authority to act on behalf of Sierra pursuant to 11 U.S.C. § 327 and asked to be removed as
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counsel of record. After discussing the matter with the parties, the court ordered the parties to
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enter a stipulation providing that Mr. Rooney is no longer counsel of record for Sierra. See ECF
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No. 220. Counsel for plaintiff Arch Insurance Company subsequently refused to execute the
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stipulation, and instead requested that Mr. Rooney file a formal motion to withdraw as counsel
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under the Local Rules and Rules of Professional Conduct. ECF No. 112. To date, Mr. Rooney
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has not filed a motion to withdraw as counsel.
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On July 16, 2015, Mr. Rooney did not appear for defendant Sierra at the Status
Conference. Accordingly, the court ordered Mr. Rooney to show cause within fourteen days why
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he should not be sanctioned in the amount of $250.00 for failing to appear. ECF No. 146. The
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court’s Order to Show Cause provided, “Although Mr. Rooney previously has indicated his desire
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to withdraw as counsel, his withdrawal has not been approved by the court and Sierra Equipment
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Rental, as a corporation, cannot proceed without counsel.” Id. On August 3, 2015, Mr. Rooney
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filed a declaration in response to the court’s Order to Show Cause, explaining that based on the
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court’s October 30, 2014 Status Conference, he did not believe that he needed to participate any
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further in this action. ECF No. 148. Because he did not receive a response from the court to his
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August 3, 2015 Declaration, Mr. Rooney filed a supplemental declaration on January 21, 2016,
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which has brought the issue back to the court’s attention. ECF No. 158.
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Based on the foregoing, the court orders the following:
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1. The court’s July 22, 2015 Order to Show Cause as to Mr. Rooney (ECF
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No. 146) is hereby DISCHARGED.
2. Mr. Rooney is ordered to file a formal motion to withdraw as counsel in
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compliance with the Local Rules and Rules of Professional Responsibility no
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later than February 11, 2016, set for hearing no later than March 11, 2016.
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3. The motion hearing on plaintiff’s Motion for Partial Summary Judgment (ECF
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No. 153) set for February 12, 2016 is hereby VACATED and RESET for April
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8, 2016 at 10:00 a.m.
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IT IS SO ORDERED.
DATED: January 27, 2016.
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UNITED STATES DISTRICT JUDGE
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