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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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v.
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20
ORDER GRANTING DEFENDANT’S
COUNSEL’S RENEWED MOTION FOR
PERMISSION TO WITHDRAW AS
COUNSEL
Plaintiffs,
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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.
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Kronick
Moskovitz
renewed
motion
Tiedermann
&
Girard
(“KMTG”)
have
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filed
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permitting KMTG to withdraw as counsel of record for [D]efendant
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Thomason Law Center,” a professional law corporation. (Notice of
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Motion 1:24-25, ECF No. 27.) This renewed motion responds to the
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Court’s June 3, 2015 order denying KMTG’s motion for permission
a
under
Local
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1
Rule
182
for
“an
order
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to withdraw. Specifically, the earlier motion did not clearly
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state “whether KMTG [had] explained to its client that if KMTG’s
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withdrawal motion [was] granted, Defendant [could not] litigate
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this
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represented by counsel,” and was not accompanied by an “affidavit
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stating
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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.)
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In its renewed motion, KMTG provides Defendant’s last
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known address in a declaration, and it avers that it last spoke
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with Defendant on March 27, 2015, at which time Defendant
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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.
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(Decl. June D. Coleman Supp. Mot. for Permission to Withdraw ¶¶
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3-4,
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contact [Defendant] on several occasions by telephone and email
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since March 27[, 2015], but [has] not received any response.”
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(Id.)
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granted.
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ECF
KMTG
No.
has
27-1.)
KMTG
demonstrated
also
avers
its
it
has
withdrawal
“attempted
motion
should
to
be
Accordingly, it is granted.
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Therefore,
Plaintiff’s
pending
class
certification
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motion filed on February 2, 2015 is deemed withdrawn without
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prejudice to being re-noticed before the United States Magistrate
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Judge to whom this case is referred under Local Rule 302(c)(21),
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and
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scheduled
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302(c)(21)
the
hearing
for
on
July
the
class
13,
2015
(prescribing
that
certification
is
“all
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vacated.
actions
motion
See
E.D.
in
which
currently
Cal.
all
R.
the
1
plaintiffs
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referred to assigned magistrate judge).
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or
KMTG
defendants
is
no
are
longer
.
.
.
counsel
in
propria
of
record
persona”
for
are
Defendant
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Thomason Law Center, therefore, future service on Defendant shall
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be sent to: 23272 Mill Creek Drive, Suite 350, Laguna Hills, CA
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92653.
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Dated:
June 5, 2015
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