United States of America v. O'Connor et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
ROBERT E. O’CONNOR and KAREN
counsel for Defendants Robert E. O’Connor and Karen M. O’Connor,
filed a Motion to Withdraw as Counsel, ECF No. 29, which is
supported by the Declaration of Spencer T. Malysiak, id. at 2–5.
Judgment was entered in this action on November 11,
2015, and the withdrawal motion reveals that the United States is
currently pursuing postjudgment discovery.
Ex. A, ECF No. 29-1.
See Mot. to Withdraw,
Corp. declares Defendants “have failed to respond to . . . all of
upcoming [discovery] deadlines in this case” and “Defendants’
conduct render[s] it unreasonably difficult for [the movant] to
Malysiak 2:16–17, 2:25–26.
First Class Mail a letter to Defendants at their current address
Mr. Malysiak also avers he “sent via
notifying them of the present Motion to Withdraw,” and he “ha[s]
not received a response to this letter.”
Id. at 4:17–21.
Local Rule 182(d) prescribes that “an attorney who has
appeared may not withdraw leaving the client in propria persona”
without leave of court upon noticed motion.”
Local Rule 182(d) also prescribes:
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
E.D. Cal. L.R.
several attempts to communicate with Defendants about upcoming
discovery deadlines, and includes Defendants’ last known address
in the motion.
Since the movant has shown sufficient justification for
the order it seeks, the motion is granted upon the movant’s
filing proof that this Order has been served on Defendants.
light of this ruling, the hearing on this motion scheduled June
1, 2017, is VACATED.
Defendants at the following address:
957 Colusa Street
May 31, 2017
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