Copeland v. Challenge Security Services Inc.

Filing 12

ORDER signed by District Judge Troy L. Nunley on 1/15/2020 GRANTING 10 Motion to Withdraw as Attorney. Attorney Jeffery Robert Krinsk terminated. (Coll, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ZUKEYNA COPELAND, individually and
on behalf of all others similarly situated,
Plaintiff,

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ORDER
v.

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No. 2:18-cv-01435-TLN-CKD

CHALLENGE SECURITY SERVICES,
INC.,

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Defendant.

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This matter is before the Court on Finkelstein & Krinsk LLP’s Motion to Withdraw as

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Counsel for Plaintiff Zukeyna Copeland (“Plaintiff”). (ECF No. 10.) Trenton R. Kashima, an

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attorney at Finkelstein & Krinsk, submitted a supplemental declaration in support of the motion.

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(ECF No. 10-2.) No oppositions to this motion have been filed.

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I.

FACTUAL AND PROCEDURAL BACKGROUND

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On May 5, 2018, Plaintiff engaged Finkelstein & Krinsk (hereinafter, “Plaintiff’s

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counsel”) to represent her in this wage and hour case against Defendant Challenge Security

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Services, Inc. (“Defendant”). (ECF No. 10-1 at 2.) Plaintiff filed the Complaint on May 24,

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2018. (ECF No. 1.) Defendant did not respond to the summons, and Plaintiff’s counsel filed an

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entry of default on October 4, 2018. (ECF No. 6.) Plaintiff’s counsel attempted to contact

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Plaintiff multiple times between October 2018 and April 2019 to gather information needed to

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file a motion for default judgment. (ECF No. 10-1 at 2.) Plaintiff did not respond. (ECF No. 10-

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2 at 3.)

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Accordingly, Plaintiff’s counsel filed the instant motion to withdraw on May 6, 2019.

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(ECF No. 10.) As of the filing of this motion, Plaintiff had not identified or appointed new

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counsel. Plaintiff has not formally objected to the termination of the attorney-client relationship,

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and she has not filed an opposition to this motion. No trial date has been set in this case.

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II.

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The local rules of this district require an attorney who would withdraw and leave his or

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her client without representation to obtain leave of the court upon a noticed motion. E.D. Cal.

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L.R. 182(d). Local Rule 182(d) also requires an attorney to provide notice to the client and all

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other parties who have appeared, and an affidavit stating the current or last known address of the

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client. Finally, to comply with Local Rule 182(d), the attorney must conform to the requirements

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of the California Rules of Professional Conduct. Id.

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STANDARD OF LAW

California Rule of Professional Conduct 3-700 provides several grounds upon which an

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attorney may seek to withdraw, including where the client’s conduct has “render[ed] it

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unreasonably difficult for the member to carry out the employment effectively.” Cal. R. Prof.

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Conduct 3-700(C)(1)(d).

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The decision to grant or deny a motion to withdraw is within a court’s discretion.

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McNally v. Eye Dog Found. for the Blind, Inc., No. 09-cv-AWI-SKO-01174, 2011 WL 1087117,

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at *1 (E.D. Cal. Mar. 24, 2011). District courts within this circuit have considered several factors

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when evaluating a motion to withdraw, including the reason for withdrawal, prejudice to the
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client, prejudice to the other litigants, harm to the administration of justice, and possible delay.

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See, e.g., Deal v. Countrywide Home Loans, No. 09-cv-01643-SBA, 2010 WL 3702459, at *2

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(N.D. Cal. Sept. 15, 2010); CE Res., Inc. v. Magellan Group, LLC, No. 08-cv-02999-MCE-KJM,

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2009 WL 3367489, at *2 (E.D. Cal. Oct. 14, 2009); Beard v. Shuttermart of Cal., Inc., No. 07-cv-

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00594-WQH-NLS, 2008 WL 410694, at *2 (S.D. Cal. Feb. 13, 2008).

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III.

ANALYSIS

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Plaintiff’s counsel moves to withdraw due to its inability to contact Plaintiff since October

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18, 2018. (ECF No. 10-2 at 2.) It argues that it made numerous efforts to contact Plaintiff with

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no response and has exhausted all viable options. (ECF No. 10-2 at 2–3.)

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More specifically, Plaintiff’s counsel attempted to contact Plaintiff on October 18, 2018,

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using a phone number and email that previously worked to contact Plaintiff. (ECF No. 10-2 at 2.)

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The phone number was disconnected, and the email went unanswered. (ECF No. 10-2 at 2.)

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Plaintiff’s counsel made two other attempts to contact Plaintiff on January 18, 2019, and January

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22, 2019, but the phone number was still disconnected, and Plaintiff did not answer the emails.

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(ECF No. 10-2 at 2.) Plaintiff’s counsel sent another email to Plaintiff on March 18, 2019, and

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the email was returned as undeliverable. (ECF No. 10-2 at 2.) Plaintiff’s counsel made efforts to

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find another phone number to reach Plaintiff, but the alternative phone number found through an

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internet search did not belong to Plaintiff. (ECF No. 10-2 at 2.) Plaintiff’s counsel sent emails

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and letters on April 9, 2019, and April 22, 2019, giving Plaintiff notice that it would withdraw as

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her counsel if she did not respond. (ECF No. 10-2 at 2–3.) Plaintiff did not respond. (ECF No.

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10-2 at 2–3.) Accordingly, good cause is shown for Plaintiff’s counsel to withdraw.

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The Court next must determine whether there is risk of prejudice to Plaintiff if the motion

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is granted. Plaintiff’s counsel provided Plaintiff with notice of its intent to withdraw. (ECF No.

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10-2 at 2–3.) Further, Plaintiff’s counsel thoroughly documented its attempts to contact Plaintiff.

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(ECF No. 10-2 at 2–3.) Finally, Plaintiff’s counsel has provided complete contact information to

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Plaintiff and served advance written notice to Plaintiff. (ECF No. 10-3 at 1–2.) Plaintiff has not

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filed any written objection to this motion. Therefore, the Court finds the risk of prejudice to

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Plaintiff is minimal.
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IV.

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For the reasons set forth above, the Motion to Withdraw is GRANTED. (ECF No. 10).

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CONCLUSION

Dated: January 15, 2020

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Troy L. Nunley
United States District Judge

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