Williams v. UPS, Inc., et al

Filing 19

ORDER signed by Senior District Judge William B. Shubb on 1/3/2025: In light of plaintiff's attorney's untimely pleading 17 , filed yesterday afternoon, the hearing previously set for 1/6/2025 is VACATED, and counsel's motion to withdraw 15 is DENIED without prejudice to its being refiled and noticed for hearing on a date that does not conflict with counsel's personal or cultural obligations. (See document for further details.) (Deputy Clerk KKS)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TRINA WILLIAMS,
Plaintiff,

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v.

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No. 2:24-cv-01203 WBS SCR

ORDER

UNITED PARCEL SERVICE, INC.;
ANDREW KERN,

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Defendants.

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In light of plaintiff's attorney’s untimely pleading
(Docket No. 17), filed yesterday afternoon, the hearing
previously set for January 6, 2025 is VACATED, and counsel’s
motion to withdraw (Docket No. 15) is DENIED without prejudice to
its being refiled and noticed for hearing on a date that does not
conflict with counsel’s personal or cultural obligations.

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Counsel’s Motion to Withdraw was originally filed on
November 20, 2024, without noticing a date for hearing.
No. 13).

The court subsequently set it for hearing on January 6,

2025, as the next available law and motion date.
14).

(Docket

(Docket No.

Counsel did not complain about this date, and the court was

unaware it was Armenian Christmas or that it would present a

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problem for counsel.

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weeks, until less than three court days before the hearing before

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informing the court of the conflict.

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Instead, counsel waited more than six

The court cannot grant counsel’s request to appear at

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the hearing by phone. The motion states that there are

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“substantial differences” relating to “fundamental issues”,

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without any elaboration as to what those differences or issues

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may be.

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and her attorney in order to properly explore with them the

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grounds for the motion.

The court requires a personal appearance by plaintiff

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The motion seeks not to substitute counsel but to allow

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plaintiff’s attorney to withdraw from representation altogether.

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To grant the motion would leave plaintiff without any legal

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representation whatsoever.

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inquire into whether plaintiff is aware of the consequences of

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proceeding without counsel, including such things as whether she

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is able to retain new counsel or alternatively whether she is

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prepared to represent herself.

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R. 1.16(c) providing that “[a] lawyer shall not terminate a

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representation until the lawyer has taken reasonable steps to

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avoid reasonably foreseeable prejudice to the rights of the

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client.”

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Before doing that, the court needs to

See Cal. Rules of Pro. Conduct

The court recognizes that travel from Los Angeles to

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Sacramento to attend the hearing may be costly.

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plaintiff’s attorney who made the decision to take a case venued

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in a different district than his office.

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counsel may have to travel to the courthouse is a factor that any

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attorney should take into account when deciding to file an action
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However, it was

The probability that

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in that courthouse.

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airfare between Los Angeles and Sacramento may be greater when

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one waits until the last minute to book a flight.

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It should also be apparent that the cost of

IT IS SO ORDERED.
Dated:

January 3, 2025

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