Gutierrez v. Webcollex, LLC

Filing 37

ORDER signed by Magistrate Judge Allison Claire on 8/28/2024 GRANTING 31 Motion to Withdraw as Attorney and VACATING the 9/18/2024 hearing date. (Kyono, V)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

LISA GUTIERREZ,

12
13
14
15

No. 2:23-cv-00988 AC

Plaintiff,
v.

ORDER

WEBCOLLEX, LLC,
Defendant.

16
17

Before the court is a motion brought by attorneys Gregory A. Ferren and James McDaniel

18

to withdraw as counsel for defendant Webcollex, LLC. ECF No. 31. The matter was set for

19

hearing, as is the practice of the undersigned, in order to provide an final opportunity for a

20

principal of the defendant entity to appear and be heard. See ECF No. 27 at 2; ECF No. 35. Mr.

21

Ferren has now demonstrated to the court’s satisfaction that he has been unable to contact any

22

representative of the defendant LLC, which is now defunct, despite good faith efforts to provide

23

the required notice. See ECF No 31-1 (declaration of counsel attesting to defendant’s dissolution

24

and counsel’s unsuccessful attempts to contact a representative of the former LLC); ECF Nos. 36

25

(updated declaration of counsel attesting that certified mail sent to client was returned as

26

undeliverable), 36-1 (copy of returned mail envelope). Accordingly, the hearing scheduled for

27

September 18, 2024, will be vacated.

28

The motion to withdraw, ECF No. 31, will be granted. Counsel of record have complied
1

1

with Local Rule 182(d) and demonstrated grounds for withdrawal under the California Rules of

2

Professional Conduct. See ECF No. 31-1.

3

The motion for class certification remains submitted for decision. ECF No. 30.

4

Accordingly, IT IS HEREBY ORDERED as follows:

5
6
7
8
9

1. The hearing on defense counsel’s motion to withdraw, previously set for September 18,
2024, is VACATED;
2. The motion to withdraw, ECF No. 31, is GRANTED.
IT IS SO ORDERED.
DATED: August 28, 2024

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2