Klaich v. Thomason Law Center, A Professional Law Corporation

Filing 29

ORDER signed by Judge Garland E. Burrell, Jr. on 6/5/2015 GRANTING 27 Motion to Withdraw as Attorney; WITHDRAWING 21 Motion to Certify Class without prejudice to being re-noticed before Magistrate Judge Allison Claire [see Local Rule 302(c)(21)]; VACATING the motion hearing on 21 Motion to Certify Class set for 7/13/2015; ORDERING that all future service on Defendant Thomason Law Center, A Professional Law Corporation be sent to: 23272 Mill Creek Drive, Suite 350, Laguna Hills, CA 92653. (Michel, G.)

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1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 15 16 v. 18 20 ORDER GRANTING DEFENDANT’S COUNSEL’S RENEWED MOTION FOR PERMISSION TO WITHDRAW AS COUNSEL Plaintiffs, 17 19 No. 2:14-CV-00007-GEB-AC ELIAS KLAICH, individually and on behalf of all others similarly situated, THOMASON LAW CENTER, A Professional Law Corporation d/b/a Client Services Advo, Defendant. 21 22 Kronick Moskovitz renewed motion Tiedermann & Girard (“KMTG”) have 23 filed 24 permitting KMTG to withdraw as counsel of record for [D]efendant 25 Thomason Law Center,” a professional law corporation. (Notice of 26 Motion 1:24-25, ECF No. 27.) This renewed motion responds to the 27 Court’s June 3, 2015 order denying KMTG’s motion for permission a under Local 28 1 Rule 182 for “an order 1 to withdraw. Specifically, the earlier motion did not clearly 2 state “whether KMTG [had] explained to its client that if KMTG’s 3 withdrawal motion [was] granted, Defendant [could not] litigate 4 this 5 represented by counsel,” and was not accompanied by an “affidavit 6 stating 7 required by Local Rule 182(d). case in the federal current court or last because known a corporation address of must Defendant,” be as (Order 1:26-2:10, ECF No. 26.) 8 In its renewed motion, KMTG provides Defendant’s last 9 known address in a declaration, and it avers that it last spoke 10 with Defendant on March 27, 2015, at which time Defendant 11 15 suggested and agreed to KMTG withdrawing as attorney of record in the instant case [and] acknowledged that [as a corporate Defendant it] could not appear without [attorney] representation, but . . . felt that did not matter anymore. [Defendant] indicated that because of his financial state and his mental and emotional well-being, he may not be reachable after the March 27th call. 16 (Decl. June D. Coleman Supp. Mot. for Permission to Withdraw ¶¶ 17 3-4, 18 contact [Defendant] on several occasions by telephone and email 19 since March 27[, 2015], but [has] not received any response.” 20 (Id.) 21 granted. 12 13 14 7 ECF KMTG No. has 27-1.) KMTG demonstrated also avers its it has withdrawal “attempted motion should to be Accordingly, it is granted. 22 Therefore, Plaintiff’s pending class certification 23 motion filed on February 2, 2015 is deemed withdrawn without 24 prejudice to being re-noticed before the United States Magistrate 25 Judge to whom this case is referred under Local Rule 302(c)(21), 26 and 27 scheduled 28 302(c)(21) the hearing for on July the class 13, 2015 (prescribing that certification is “all 2 vacated. actions motion See E.D. in which currently Cal. all R. the 1 plaintiffs 2 referred to assigned magistrate judge). 3 or KMTG defendants is no are longer . . . counsel in propria of record persona” for are Defendant 4 Thomason Law Center, therefore, future service on Defendant shall 5 be sent to: 23272 Mill Creek Drive, Suite 350, Laguna Hills, CA 6 92653. 7 Dated: June 5, 2015 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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