Klaich v. Thomason Law Center, A Professional Law Corporation

Filing 26

ORDER denying KMTG's 23 motion for withdrawal as counsel signed by Judge Garland E. Burrell, Jr., on 6/3/15. (Kastilahn, A)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 7 ELIAS KLAICH, individually and on behalf of all others similarly situated, 8 Plaintiffs, 9 10 11 No. 2:14-CV-00007-GEB-AC ORDER DENYING DEFENDANT’S COUNSEL’S MOTION TO WITHDRAW AS COUNSEL v. THOMASON LAW CENTER, A Professional Law Corporation d/b/a Client Services Advo, 12 Defendant. 13 14 Kronick Moskovitz Tiedermann & Girard (“KMTG”) moves 15 under Local Rule 1821 for “an order permitting KMTG to withdraw 16 as 17 (“Thomason”),” 18 1:23-24, ECF No. 23.) counsel of record a for professional [D]efendant Thomason corporation. (Notice Law Center of Motion 19 Local Rule 182(d) prescribes: “Withdrawal as attorney 20 is governed by the Rules of Professional Conduct of the State Bar 21 of California, and the attorney shall conform to the requirements 22 of 23 700(A)(2) prescribes: “A[n] [attorney] shall not withdraw from 24 employment until the [attorney] has taken reasonable steps to 25 avoid 26 client . . . .” 27 1 28 those Rules.” reasonably California foreseeable Rule of prejudice Professional to the Conduct rights of 3- the Here, it is unclear whether KMTG has explained Counsel states it moves “pursuant to Local Rule 183” (Notice of Motion 1:23), however, that rule governs pro se plaintiffs. Local Rule 182 governs counsel’s motion since it concerns attorney appearances and withdrawal. 1 1 to 2 Defendant cannot litigate this case in federal court because a 3 corporation must be represented by an attorney. See E.D. Cal. 4 L.R. 183(a) (“A corporation or other entity may appear only by an 5 attorney.”). its 6 client that Further, Local withdraw as KMTG’s Rule withdrawal 182(d) counsel motion prescribes “shall provide is an an granted, attorney 7 seeking 8 stating the current or last known address or addresses of the 9 client.” 10 to if affidavit KMTG has not submitted a separate affidavit stating the current or last known address of Defendant. 11 For the stated reasons, KMTG’s motion for withdrawal as 12 counsel is denied. 13 Dated: June 3, 2015 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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