Innospan Corp v. Intuit et al

Filing 313

ORDER REGARDING ATTORNEY SONG'S NOTICE OF SUBSTITUTION [re 311 Notice of Substitution of Counsel filed by Hong-Seok Kim]. Signed by Judge William Alsup on 4/27/2012. (whasec, COURT STAFF) (Filed on 4/27/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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INNOSPAN CORP.,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 10-04422 WHA

v.

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INTUIT, INC., MINT SOFTWARE, INC.,
SHASTA VENTURES GP, LLP, and
DOES 1–20,

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Defendants.

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ORDER REGARDING
ATTORNEY SONG’S NOTICE
OF SUBSTITUTION
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In this trademark infringement action, Attorney Song, counsel for cross-defendant

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Hong-Seok Kim (CEO of plaintiff Innospan Corp.) has filed a notice of substitution of counsel

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(Dkt. No. 311). Attorney Song is attempting to withdraw as counsel and substitute Mr. Kim as

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a pro se party. Attorney Song has not filed a motion to withdraw.

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In the course of litigating this action, plaintiff has been ordered to pay sanctions of

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$272,604.10 for tampering with documents and providing false statements (Dkt. Nos. 181, 189).

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Plaintiff has paid only $1,134 (Dkt. No. 305). On April 4, an order issued dismissing plaintiff’s

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claims and granting default judgment and declaratory relief against plaintiff (Dkt. No. 306).

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Counsel for defendants filed a bill of costs for $112,543.01 on April 18 (Dkt. No. 308).

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Mr. Kim, proceeding pro se, filed an opposition to the bill of costs on April 23, the same day

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Attorney Song filed the notice of substitution of counsel.

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In a civil case, counsel may not withdraw from an action until relieved by order of the
court. CIV. L.R. 11-5(a). A lawyer may withdraw from representing a client where, among other

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things, (1) the client breaches an agreement with or obligation to the lawyer as to expenses

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or fees, or (2) other conduct renders it unreasonably difficult for the lawyer to carry out the

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employment effectively. CAL. PROF. CONDUCT 3-700(C)(1)(d), (f). Permission to withdraw

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as counsel is given at the discretion of the court. United States v. Carter, 560 F.3d 1107,

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1113 (9th Cir. 2009).

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Counsel may not withdraw from this action until an order has issued granting leave

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to withdraw. Counsel must prepare a motion to withdraw, notice a hearing, serve it upon his

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client, and file it on ECF so that all parties have notice. CIV. L.R. 11-5(b).

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: April 27, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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