Hartley et al v. On My Own, Inc. et al
Filing
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ORDER signed by District Judge Kimberly J. Mueller on 11/03/17 GRANTING 24 Motion to Withdraw as Attorney. Attorneys Richard Anderson Hoyer and Ryan Lee Hicks terminated for Janice Taylor. (Benson, A.) Modified on 11/6/2017 (Benson, A.).
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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AMBER HARTLEY and JANICE
TAYLOR,
Plaintiffs,
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No. 2:17-CV-00353-KJM-EFB
ORDER
v.
ON MY OWN, INC.; ON MY OWN
COMMUNITY SERVICES; and ON MY
OWN INDEPENDENT LIVING
SERVICES,
Defendants.
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Counsel Richard A. Hicks, and the law firm Hicks & Hoyer, move to withdraw as
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counsel for plaintiff Janice Taylor under Local Rule 182(d). Mot. Withdraw, ECF No. 24; Hicks
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Decl., ECF No. 24-1. Defendants have not opposed the motion. For the following reasons, the
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court GRANTS the motion to withdraw.
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Under Local Rule 182(d), “an attorney who has appeared may not withdraw
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leaving the client in propria persona without leave of court upon noticed motion and notice to the
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client and all other parties who have appeared.” LR 182(d). The attorney must provide an
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affidavit stating the current or last known address or addresses of the client and the efforts made
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to notify the client of the motion to withdraw. Id. Withdrawal as AN attorney is governed by the
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Rules of Professional Conduct of the State Bar of California, which permit counsel to withdraw
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from representation if the client’s “conduct renders it unreasonably difficult for the [attorney] to carry
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out the employment effectively.” Cal. R. Prof. Conduct 3-700(C)(1)(d). In seeking withdrawal,
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counsel must take “reasonable steps to avoid reasonably foreseeable prejudice to the rights of the
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client, including giving due notice to the client, allowing time for employment of other
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counsel . . . complying with applicable laws and rules.” Cal. R. Prof. Conduct 3-700(C)(5). The
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decision to grant or deny a motion to withdraw is within the court’s discretion. McNally v. Eye
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Dog Found. for the Blind, Inc., No. 09-01184, 2011 WL 1087117, at *1 (E.D. Cal. Mar. 24,
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2011) (citation omitted).
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Here, movant seeks to withdraw on the grounds that plaintiff Taylor has not
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responded to any communications from counsel in over six months. Mot. Withdraw ¶ 1 (explaining
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last contact was in April, 2017). The latest communication warned Taylor “that further failure to
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respond would require counsel to file the instant motion.” Id. Taylor’s unresponsiveness, counsel
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avers, has made continued representation “unreasonably difficult for [counsel] to carry out the
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employment effectively.” Id. ¶ 2 (citing Cal. Rule Prof. Conduct 3-700(C)(1)(d)). Counsel also
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provides Taylor’s last known address, as required under Local Rule 182(d). Id. at 2 ¶ 4. Lastly,
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counsel explains withdrawal will not prejudice Taylor, as (1) there are no upcoming hearings or due
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dates necessitating plaintiff Taylor’s action; (2) Taylor’s entire case file is available for review and
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copying should she obtain new counsel or choose to represent herself; and (3) counsel will, at
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Taylor’s request, promptly release all of her papers and property. Id. at 4 (citing Cal. R. Prof.
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Conduct 3-700(D)(1)).
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The court finds withdrawal here is appropriate. Withdrawal does not appear to
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prejudice defendants, and the court is satisfied counsel has taken all necessary steps to avoid
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reasonably foreseeable prejudice to Taylor. Withdrawal is also unlikely to delay this case.
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For these reasons, the court GRANTS the motion to withdraw.
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This resolves ECF No. 24.
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IT IS SO ORDERED.
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DATED: November 3, 2017.
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UNITED STATES DISTRICT JUDGE
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