Thomas et al v. Experian Information Solutions Inc et al
Filing
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MEMORANDUM AND ORDER signed by Chief Judge Morrison C. England, Jr., on 12/22/14 ORDERING that 28 the Motion to Withdraw is GRANTED. Mark F. Anderson of Anderson, Ogilvie & Brewer LLP, is RELIEVED as counsel for Plaintiffs. The Clerk shall SERVE a copy of this Memorandum and Order on Plaintiffs at P.O. Box 4392, Citrus Heights, California 95611-4392. (Kastilahn, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JESSE JAMES THOMAS, III and
TIFFANY F. THOMAS,
No. 2:13-cv-02674-MCE-CKD
Plaintiffs,
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MEMORANDUM AND ORDER
v.
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EXPERIAN INFORMATION
SOLUTIONS, INC.,
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Defendant.
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Plaintiffs Jesse James Thomas, III and Tiffany F. Thomas (collectively “Plaintiffs”)
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filed this Fair Credit Reporting Act (“FCRA”) case through counsel Mark F. Anderson
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(“Anderson”) against Experian Information Solutions, Inc. (“Experian”); Trans Union LLC
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(“Trans Union”); and Equifax Information Services LLC (“Equifax”). On May 14, 2014,
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the Court dismissed with prejudice all claims against Trans Union and Equifax;
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accordingly, Experian is the sole remaining defendant in the case. Presently before the
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Court is Anderson’s unopposed Motion to Withdraw (“Motion”) as counsel for Plaintiffs.
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ECF No. 28. For the following reasons, the Motion is GRANTED.1
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Because oral argument would not be of material assistance, the Court ordered this matter
submitted on the briefs. See E.D. Cal. Local R. 230(g); ECF No. 38.
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STANDARD
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In this district, “an attorney who has appeared may not withdraw leaving the client
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in propria persona without leave of court upon noticed motion and notice to the client
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and all other parties who have appeared.” E.D. Cal. Local R. 182(d). Counsel “shall
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provide an affidavit stating the current or last known address or addresses of the client
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and the efforts made to notify the client of the motion to withdraw.” Id. In addition,
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“[w]ithdrawal as attorney is governed by the Rules of Professional Conduct of the State
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Bar of California.” Id. California’s Rules of Professional Conduct provide a number of
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permissive grounds for withdrawal, including where the client insists upon presenting an
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unwarranted claim or defense or “renders it unreasonably difficult” for counsel to carry
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out his employment effectively. Cal. Rule of Prof’l Conduct 3-700(C)(1)(a), (d). Whether
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to grant leave to withdraw is subject to the sound discretion of the Court and “may be
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granted subject to such appropriate conditions as the Court deems fit.” E.D. Cal. Local
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R. 182(d); Canandaigua Wine Co. v. Moldauer, 2009 WL 89141, *1 (E.D. Cal. Jan. 14,
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2009).
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ANALYSIS
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In his Motion and accompanying declaration, Anderson explains that he is
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experienced with FCRA cases and has filed over eighty such actions on behalf of
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consumers like Plaintiffs in the last three years alone. ECF No. 30; ECF No. 29 ¶ 7.
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Based on his experience, documents produced in discovery, and the law governing this
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case, Anderson has “concluded that continuing to litigate [the FCRA claim] is not
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warranted by existing law and cannot be supported by a good faith argument for an
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extension, modification, or reversal of existing law.” ECF No. 29 ¶ 8; ECF No. 30. More
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specifically, Anderson describes that Plaintiffs “believe Experian is unquestionably liable
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for damages,” while Anderson “believe[s] liability is a serious issue,” and that Plaintiffs
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“believe the settlement value of the case and the expected verdict following trial . . . is
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vastly greater” than what Anderson would expect as a result of settlement or a jury
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award. Id. These disagreements have resulted in Plaintiffs “ignoring” Anderson’s advice
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and refusing to authorize a dismissal of this action, which leads Anderson to believe he
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“cannot successfully continue to represent [Plaintiffs].” Id. ¶ 6; ECF No. 30. Based on
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Anderson’s averments, which were made under the penalty of perjury and have not
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been rebutted, the Court finds that the conditions referred to in subsections (C)(1)(a) and
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(C)(1)(d) of California Rule of Professional Conduct 3-700 are present here. Therefore,
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permissive withdrawal is proper if Anderson has complied with Local Rule 182(d). In that
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regard, the Court finds that Anderson has in fact complied with Rule 182(d). He properly
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noticed the Motion, which was served on Experian. Moreover, Anderson provided within
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his declaration Plaintiffs’ current or last known address, ECF No. 29 ¶ 11, and indicated
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he provided Plaintiffs with the Motion through electronic and traditional mail, id. ¶ 12.
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CONCLUSION
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For the foregoing reasons, the Court finds that good cause exists for Anderson’s
withdrawal. Accordingly:
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1. The Motion to Withdraw, ECF No. 28, is GRANTED.
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2. Mark F. Anderson of Anderson, Ogilvie & Brewer LLP, is RELIEVED as
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counsel for Plaintiffs.
3. The Clerk of the Court shall SERVE a copy of this Memorandum and Order
on Plaintiffs at P.O. Box 4392, Citrus Heights, California 95611-4392.
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IT IS SO ORDERED.
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Dated: December 22, 2014
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