Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Cal-Kirk Lanscaping Inc

Filing 71

ORDER by Judge Edward M. Chen granting 61 Seyfarth Shaw's Motion to Withdraw as Attorney. Attorney G. Daniel Newland and Ari Hersher terminated (emclc1, COURT STAFF) (Filed on 12/15/2011)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

BOARD OF TRUSTEES, et al.,

9

11
For the Northern District of California

United States District Court

10

No. C-08-3292 EMC

Plaintiffs,
v.
CAL-KIRK LANDSCAPING, INC.,

12

ORDER GRANTING SEYFARTH SHAW
LLP’S MOTION TO WITHDRAW AS
COUNSEL; AND GRANTING
PLAINTIFFS’ MOTION TO STRIKE

Defendant.
(Docket No. 61)

13
___________________________________/
14
15
16

Seyfarth Shaw LLP1 has moved to withdraw as defense counsel. Having considered the

17

parties’ briefs as well as their accompanying submissions and the oral argument of counsel, the

18

Court hereby GRANTS the motion to withdraw. Seyfarth Shaw has adequately demonstrated that

19

there is good cause for the withdrawal, not only because Defendant has failed to pay its legal fees

20

but also because Defendant has failed to meaningfully communicate with counsel. The withdrawal

21

is effective as December 2, 2011, which is the date that the hearing was held on and the Court orally

22

granted Seyfarth Shaw’s motion.

23

Because the Court is granting the motion to withdraw, Defendant is now without an attorney

24

to represent it. Under Civil Local Rule 3-9(b), “[a] corporation, unincorporated association,

25

partnership or other such entity may appear only through a member of the bar of this Court.” Civ.

26
27
28

1

The Court uses “Seyfarth Shawl LLP” to refer to the law firm as well as the attorneys of
that law firm, including the attorneys of record G. Daniel Newland and Ari Hersher.

1

L.R. 3-9(b). Thus, the Court hereby gives Defendant sixty (60) days from the date of this order to

2

find counsel to represent it and to have counsel make an appearance in this case.

3

Defendant is forewarned that, if it does not find counsel to represent it and make an

4

appearance in this case, then the Court shall, upon Plaintiffs’ request, enter a default against

5

Defendant. Plaintiffs may then seek a default judgment against Defendant. See Employee

6

Painters’ Trust Fund v. Ethan Enterprises, Inc., 480 F.3d 993, 998 (9th Cir. 2007) (stating that a

7

default is “a permissible sanction for failure to comply with local rules requiring representation by

8

counsel”).

9

defense counsel does not oppose. Accordingly, Plaintiffs’ motion to strike is GRANTED.

11
For the Northern District of California

United States District Court

10

Finally, Plaintiff has moved to strike statements regarding settlement discussions, which

Seyfarth Shaw, although relieved of its obligation to represent Defendant, is ordered to

12

immediately serve a copy of this order on Defendant and to orally inform Defendant of the contents

13

of this order (by telephone is permissible). Seyfarth Shaw shall submit a declaration within three

14

days of the date of this order confirming service of process and the oral communication.

15

This order disposes of Docket No. 61.

16
17

IT IS SO ORDERED.

18
19

Dated: December 15, 2011

20
_________________________
EDWARD M. CHEN
United States District Judge

21
22
23
24
25
26
27
28

2