Goodman Ball, Inc. v. Clear Water USA, Inc. et al

Filing 93

ORDER by Magistrate Judge Bernard Zimmerman granting 88 Motion to Withdraw as Attorney. Attorney Michael Casey Addison terminated (bzsec, COURT STAFF) (Filed on 3/9/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. CLEAR WATER USA, INC., et al., Defendant(s). GOODMAN BALL, INC., Plaintiff(s), ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C07-1148 BZ ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL

On January 23, 2009, Michael C. Addison, attorney for the defendants, filed a motion to withdraw as counsel. Having considered the moving papers, and having received no opposition papers from defendants, IT IS HEREBY ORDERED that the motion to withdraw as counsel for defendants is GRANTED. Mr. Addison has not personally provided any legal

services to defendants Mach II Aviation, Inc. and Escape Velocity of Tampa Bay, Inc. His former law partner, Caryl E. On February

Delano, represented the defendants in this case.

29, 2008, this case was conditionally dismissed with a sixty day moving period to restore the matter if the settlement was not consummated. On June 25, 2008, more than sixty days after 1

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the conditional dismissal, Ms. Delano left her practice and was sworn in as a United States Bankruptcy Judge for the Middle District of Florida. On December 3, 2008, plaintiff

filed a motion to be relieved from default and to reopen the case. The motion was granted on January 6, 2009. Since this

case has been reopened, defendants have not been communicating with Mr. Addison. The defendants failure to communicate, in

addition to the fact that Mr. Addison did not provide any legal services to defendants for the duration of this case, provides sufficient cause for Mr. Addison to withdraw as counsel of record. Plaintiff's argument that Mr. Addison's

withdrawal would be prejudicial is not persuasive because if defendants fail to secure other counsel, their default will be entered. Mr. Addison is granted a conditional withdrawal pursuant to Civil Local Rule 11-5(b). While Mr. Addison is relieved of

his responsibilities as counsel for defendants, papers for the defendants may continue to be served on him, until defendants appear by other counsel. defendants. Given that the defendants, as corporations, cannot represent themselves, IT IS HEREBY ORDERED that defendants must obtain alternate counsel. If substitute counsel do not Mr. Addison must serve this order on

file a general appearance by May 1, 2009, their default will be entered. Dated: March 9, 2009 Bernard Zimmerman United States Magistrate Judge
G:\BZALL\-BZCASES\GOODMAN BALL\ORDER GRANTING MOT TO WITHDRAW AS COUNSEL.wpd

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