Mazur v. eBay, Inc. et al

Filing 114

ORDER by Judge Marilyn Hall Patel granting 112 Motion to Withdraw as Attorney; Attorneys Matthew Anderson and Frederick M. Luper withdrawn (awb, COURT STAFF) (Filed on 8/28/2009)

I
2
a

Thomas B. Mayhew (State BarNo. 183539) Frank J. Riebli (State BaĦ No. 221152)

J 4

)
6 7

Farella Braun & Martel LLP 235 Montgomery Street, lTth Floor SanFrancisco, CA 94104 Telephone: [phone] Facsimile: (41 5) 954-4480 [e-mail] [e-mail] Frederick M. Luper MatthewAnderson Luper Niedenthal & Logan 1200 LeVeque Tower 50 West Broad Street Columbus, OH 43275 Telephone: [phone]
:

I
9
10

Attomeys for Defendant GoAntiques, Inc.

1l
12

IINITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRA}{CISCO DIVISION

l3

l4
15

16

MICIIELE MAZI.JR ANd SARAH BATES, individually and for all others similarly
situated,

Case

No. C 07 3967 I'I[{P

t7
18

Judge: Hon. Marilyn H. Patel

19

vs.

MOTION OF FREDERICK M. LUPER A}[D MATTIIEW ANDERSON TO WITHDRAW AS COI]NSEL FOR DEFET\{DANT GOANTIQUES.COM, NC.
Defendant.

20

EBAY, INC., et al.,

2l
22 23 24
25

MOTION OF FREDERICK M. LUPERAND MÄTTIIEW ANDER,SON TO WITHDRAW AS COUNSEL FOR DEFENDAĦ{T GOAĦITIQIJES.COM, INC.
Pursuant to Local Rule 11-5, Frederick M. Luper, Esq., and Matthew Anderson, Esq', the law firm Luper Neidenthal

of

26
27 28

& Logan hereby move this CouĦt for an Order perrnitting their

withdrawal as counsel for Defendant GoAntiques.com, Inc. Local Rule 114 requires every
attomey permitted to practice in this Court to comply with the standards of professional conduct
Motion of Frederick M. Luper and Matthew Anderson to Withdraw as Counsel foĦ Defendant
GoAntiques, Inc.

I
2
J

required of members of the State Bar of Califomia. Rule 3-700(CXl)(fĦ of the California Rules of Professional Conduct provides that counsel "may not request permission to withdraw in
matters pending before a tribunal, and may not withdraw in other matters, unless such request or such withdrawal is because . . . the client . . . breaches an agreement or obligation to [counsel] ĉ

4
5

6 7

to expenses or fees." Further, Local Rule l1-5(a) provides, "[c]ounsel may not withdraw from an action until relieved by order of Court after written notice has been given reasonably in advance to the client and to all other parties who have appeared in t}rc case."
Consistent with Local Rule 11-5(a), Defendant GoAntiques.com has been given written

I
9

t0
l1 t2

notice that attomeys Frederick M. Luper and Matthew Anderson will withdraw as counsel unless Defendant fulfrlls its obligations to said attomeys. Despite reasonable warning, Defendant GoAntiques.com has failed to

fulfill its obligations to attorneys Luper and Anderson. As required

13

t4 l5

by Local Rule 11-(5Xa), attomeys Luper and Anderson have also provided written notice to all
other parties who have appeared in this case. Because Defendant GoAntiques.com has failed to

l6
t7
t8
19

firlñll its obligations to attomeys Luper

and Anderson, and because attomeys Luper and

Anderson have complied with all Local Rules and the California Rules of Professional Conduct'

this Court should grant this Motion to

Withdraw

20

Dated: Augustzl.2009

-r /4 h*/l/ 'll'l'f-'/
I

2I
22
23

By: Frederick M. Luper (pro Attorney for Defendant GoAntiques.com, lnc.

více)

24
25

Dated: AugustTl .2009 Attomey for Defendant GoAntiques.com, Inc.

26

27
28
MotioĦ of Frcdcrick M. Luper and Matthew
Anderson to Withdraw as Counsel for GoAntiques, Inc.

Defendant

-2-

I
2
J
a

IPROPOSEDI ORDER OF THE COURT
The Motion of Frederick M. Luper and Matthew Anderson of the law

fimt Luper

Neidenthal & Logan to withdraw as counsel of record for Defendant GoAntiques.com, [nc. in the above-entitled matter is hereby GRANTED.

4
5

7

UNIT ED

9

72
13

ER

N

F D IS T IC T O R

74
15

16

t7
18 19

20

2l
22

ż)
24
25 26 27 28
Motion of Frederick M. Luper and Matthew AndeĦson to Withdraw as Counsel for Defendant
GoAntiques, Inc. -Ja

A

C

LI

1t

FO

t0

ari Judge M

lyn H. P

atel

R NIA

I

Dated:

8/28/2009

S

6

S DISTRICT TE C TA

Hon. Marilyn H. U.S. District Court Judge

DERED SO OR IT IS Patel

RT U O

NO

RT

H