United States of America v. O'Connor et al

Filing 30

ORDER signed by District Judge Garland E. Burrell, Jr., on 5/31/17, ORDERING that 29 the Motion to Withdraw as Attorney is GRANTED. Upon the movant's filing proof that this Order has been served on Defendants. In light of this ruling, the hearing on this motion scheduled 6/1/2017, is VACATED.(Kastilahn, A)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 UNITED STATES OF AMERICA, 7 Plaintiff, 8 9 10 No. 2:14-cv-02392-GEB-CMK v. ORDER ROBERT E. O’CONNOR and KAREN M. O’CONNOR, Defendants. 11 12 On 13 April 26, 2017, Spencer T. Malysiak Law Corp., 14 counsel for Defendants Robert E. O’Connor and Karen M. O’Connor, 15 filed a Motion to Withdraw as Counsel, ECF No. 29, which is 16 supported by the Declaration of Spencer T. Malysiak, id. at 2–5. 17 Judgment was entered in this action on November 11, 18 2015, and the withdrawal motion reveals that the United States is 19 currently pursuing postjudgment discovery. 20 Ex. A, ECF No. 29-1. Spencer 21 T. Malysiak of the See Mot. to Withdraw, Spencer T. Malysiak Law 22 Corp. declares Defendants “have failed to respond to . . . all of 23 [the 24 upcoming [discovery] deadlines in this case” and “Defendants’ 25 conduct render[s] it unreasonably difficult for [the movant] to 26 carry 27 Malysiak 2:16–17, 2:25–26. 28 First Class Mail a letter to Defendants at their current address movant’s] out its several employment communication effectively.” attempts Decl. regarding of Spencer the T. Mr. Malysiak also avers he “sent via 1 1 notifying them of the present Motion to Withdraw,” and he “ha[s] 2 not received a response to this letter.” Id. at 4:17–21. 3 Local Rule 182(d) prescribes that “an attorney who has 4 appeared may not withdraw leaving the client in propria persona” 5 without leave of court upon noticed motion.” 6 182(d). Local Rule 182(d) also prescribes: 7 The attorney shall provide an affidavit stating the current or last known address or addresses of the client and the efforts made to notify the client of the motion to withdraw. Withdrawal as attorney is governed by the Rules of Professional Conduct of the State Bar of California, and the attorney shall conform to the requirements of those Rules. 8 9 10 11 12 E.D. Cal. L.R. Id. 13 The movant asserts it has been unsuccessful in its 14 several attempts to communicate with Defendants about upcoming 15 discovery deadlines, and includes Defendants’ last known address 16 in the motion. 17 Since the movant has shown sufficient justification for 18 the order it seeks, the motion is granted upon the movant’s 19 filing proof that this Order has been served on Defendants. 20 light of this ruling, the hearing on this motion scheduled June 21 1, 2017, is VACATED. 22 Furthermore, 24 Defendants at the following address: 27 the Clerk 957 Colusa Street Corning, California Dated: of movant proof 26 service, the 23 25 of should Court 96021 May 31, 2017 28 2 file shall the In referenced thereafter serve

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