Aziz v. U.S. Postal Service et al

Filing 10

ORDER signed by Senior Judge Morrison C. England, Jr., on 11/16/21 GRANTING 8 Motion to Withdraw as Attorney. Schultz Law Group, PC is relieved as counsel of record for Plaintiff effective upon the filing of proof of service of this signed Order on Plaintiff at his last known address: 3400 16th Street, Unit 106San Francisco, CA 94114. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FARZAD AZIZ,

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No. 2:20-cv-01200-MCE-KJN
Plaintiff,

v.

ORDER

UNITED STATES POSTAL SERVICE,
et al.,
Defendants.
Presently before the Court is an unopposed Motion to Withdraw as Counsel (ECF

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No. 8) filed by Schultz Law Group, PC (“Counsel”), counsel for Plaintiff Farzad Aziz

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(“Plaintiff”), by which Counsel seeks to withdraw leaving Plaintiff in propria persona. This

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Motion is governed by the requirements of Eastern District of California Local

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Rule 182(d), which provides that an attorney may not withdraw, leaving the client in

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propria persona, absent a noticed motion, appropriate affidavits, notice to the client and

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all other parties who have appeared, and compliance with the Rules of Professional

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Conduct of the State Bar of California. California Rule of Professional Conduct

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1.16(b)(10) permits a member of the State Bar to seek to withdraw from representation

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when “[t]he lawyer believes in good faith . . . that the tribunal will find the existence

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of . . . good cause for withdrawal.” However, “[a] lawyer shall not terminate a

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representation until the lawyer has taken reasonable steps to avoid reasonably
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foreseeable prejudice to the rights of the client, such as giving the client sufficient notice

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to permit the client to retain other counsel.” Cal. R. of Professional Conduct 1.16(d).

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Whether to grant leave to withdraw is subject to the sound discretion of the Court and

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“may be granted subject to such appropriate conditions as the Court deems fit.” E.D.

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Cal. Local R. 182(d); Canandaigua Wine Co., Inc. v. Edwin Moldauer, No. 1:02-cv-06599

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OWW DLB, 2009 WL 89141, at *1 (E.D. Cal. Jan. 14, 2009).

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Because Counsel’s request is procedurally correct, substantively supported and

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unopposed, the Motion to Withdraw (ECF No. 8) is GRANTED. Schultz Law Group, PC

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is relieved as counsel of record for Plaintiff effective upon the filing of proof of service of

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this signed Order on Plaintiff at his last known address:
3400 16th Street, Unit 106
San Francisco, CA 94114

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IT IS SO ORDERED.

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Dated: November 16, 2021

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