Rizzo v. Butte County Office of Education et al

Filing 27

ORDER signed by Judge Garland E. Burrell, Jr on 2/25/13 ORDERING, in light of the nature of the motion and the status of this case, Barron's motion to withdraw as counsel is GRANTED. Plaintiff Susan Rizzo's service address is as follows: Susan Rizzo, 798 Camellia Drive, Paradise, CA 95969. This action is referred to the assigned Magistrate Judge under Local Rule 302(c)(21). (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SUSAN RIZZO, an individual,

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Plaintiff,

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v.
BUTTE COUNTY OFFICE OF
EDUCATION; HEATHER SENSKE; and
DOES 1 through 25, inclusive,
Defendants.
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2:12-cv-00825-GEB-DAD
ORDER GRANTING MOTION TO
WITHDRAW AS ATTORNEY OF
RECORD*

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Plaintiff’s attorney, Deborah Barron, moves to withdraw as

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counsel, and Defendants filed a statement of non-opposition to the

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motion. Barron avers in her Declaration that her withdrawal motion

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should

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requirements of the Attorney Client Fee Agreement,” and Plaintiff

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“insists [that Barron] pursue a course of conduct prohibited and []

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renders it unreasonably difficult for [Barron] to carry [out] our

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employment.” (Decl. of Deborah Barron, ECF No. 24, 2:13—16.) “Rule 3–700

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of the California Rules of Professional Conduct of the State Bar of

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California

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withdrawal if it is unreasonably difficult for counsel to carry out his

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employment effectively or if the client breaches an obligation as to

be

granted

provides

because

that

Plaintiff

an

attorney

“has

may

failed

request

to

abide

[and

by

the

obtain]

a

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*

argument.

This matter is deemed suitable for decision without oral
E.D. Cal. R. 230(g).
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expenses or fees.” Chaker v. Adams, 10cv2599-GPC(BGS), 2012 WL 4848962

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(S.D. Cal. Oct. 10, 2012) (citing Cal. R. Prof’l Conduct 3-700(C)(1)(d)

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& (f)).

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If Barron’s withdrawal motion is granted, Plaintiff would

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represent herself in this lawsuit. However, a scheduling order recently

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issued in this case on February 7, 2013, and Barron has not informed the

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Court as to whether she told her client about her obligation to comply

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with the scheduling order. This omission could be a basis for denying

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Barron’s

withdrawal

motion

since

it

is

unclear

whether

Plaintiff

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understands this obligation. However, since the scheduling order was

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recently issued and Plaintiff is now informed of her obligation to

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comply with it, counsel’s withdrawal motion will not be denied on this

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ground.

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Accordingly, in light of the nature of the motion and the

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status of this case, Barron’s motion to withdraw as counsel is GRANTED.

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Plaintiff Susan Rizzo’s service address is as follows:

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Susan Rizzo
798 Camellia Drive
Paradise, CA 95969

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This action is referred to the assigned Magistrate Judge under

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Local Rule 302(c)(21).

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Dated:

February 25, 2013

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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