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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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No. 2:14-cv-02392-GEB-CMK

v.

ORDER

ROBERT E. O’CONNOR and KAREN
M. O’CONNOR,
Defendants.

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On

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April

26,

2017,

Spencer

T.

Malysiak

Law

Corp.,

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counsel for Defendants Robert E. O’Connor and Karen M. O’Connor,

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filed a Motion to Withdraw as Counsel, ECF No. 29, which is

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supported by the Declaration of Spencer T. Malysiak, id. at 2–5.

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Judgment was entered in this action on November 11,

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2015, and the withdrawal motion reveals that the United States is

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currently pursuing postjudgment discovery.

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Ex. A, ECF No. 29-1.
Spencer

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T.

Malysiak

of

the

See Mot. to Withdraw,

Spencer

T.

Malysiak

Law

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Corp. declares Defendants “have failed to respond to . . . all of

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[the

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upcoming [discovery] deadlines in this case” and “Defendants’

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conduct render[s] it unreasonably difficult for [the movant] to

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carry

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Malysiak 2:16–17, 2:25–26.

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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

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notifying them of the present Motion to Withdraw,” and he “ha[s]

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not received a response to this letter.”

Id. at 4:17–21.

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Local Rule 182(d) prescribes that “an attorney who has

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appeared may not withdraw leaving the client in propria persona”

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without leave of court upon noticed motion.”

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182(d).

Local Rule 182(d) also prescribes:

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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.

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E.D. Cal. L.R.

Id.

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The

movant

asserts

it

has

been

unsuccessful

in

its

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several attempts to communicate with Defendants about upcoming

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discovery deadlines, and includes Defendants’ last known address

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in the motion.

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Since the movant has shown sufficient justification for

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the order it seeks, the motion is granted upon the movant’s

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filing proof that this Order has been served on Defendants.

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light of this ruling, the hearing on this motion scheduled June

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1, 2017, is VACATED.

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Furthermore,

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Defendants at the following address:

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the

Clerk

957 Colusa Street
Corning, California
Dated:

of

movant

proof

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service,

the

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of

should

Court

96021

May 31, 2017

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2

file

shall

the

In

referenced

thereafter

serve