Be In, Inc. v. Google Inc. et al

Filing 28

First MOTION to Withdraw as Attorney Notice of Motion and Motion to Withdraw as Counsel for Plaintiff, attached Declarations of Joseph E. Addiego III and William E. Wallace III, supporting same filed by Be In, Inc.. Motion Hearing set for 4/18/2013 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 3/5/2013. Replies due by 3/12/2013. (Attachments: # 1 Declaration, # 2 Declaration)(Addiego, Joseph) (Filed on 2/19/2013)

1 Joseph E. Addiego III (CA State Bar No. 169522)
DAVIS WRIGHT TREMAINE LLP
2 505 Montgomery Street, Suite 800
San Francisco, California 94111
3 Telephone: [phone]
Facsimile: [phone]
4 Email: [e-mail]

DAVIS WRIGHT TREMAINE LLP

5 William E. Wallace III (Pro Hac Vice Application Pending)
Stephen M. Nickelsburg (Pro Hac Vice Application Pending)
6 Roni E. Bergoffen (Pro Hac Vice Application Pending)
CLIFFORD CHANCE US LLP
7 2001 K Street, N.W.
Washington, D.C. 20006
8 Telephone: [phone]
Facsimile: [phone]
9 Email: [e-mail]
10 Attorneys for Plaintiff
BE IN, INC., a New York corporation
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IN THE UNITED STATES DISTRICT COURT

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THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

16 BE IN, INC.,
Plaintiff,

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v.

19 GOOGLE, INC., a California corporation,
RICHARD ROBINSON, and DOES 1 through
20 3, inclusive,
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Defendants.

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Case No. CV12-03373-LHK
DECLARATION OF JOSEPH E.
ADDIEGO III IN SUPPORT OF MOTION
TO WITHDRAW AS COUNSEL FOR
PLAINTIFF
Judge: Hon. Lucy H. Koh
Hearing Date:
April 18, 2013
Hearing Time:
1:30pm
Courtroom:
8, 4th Floor
Judge:
Hon. Lucy H. Koh
Trial Date:
None set

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I, Joseph E. Addiego III, declare as follows:

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1. I am a partner with the law firm Davis Wright Tremaine LLP ("DWT"). I have personal

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knowledge of the facts stated in this declaration and, if called upon to do so, I would and

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could competently testify thereto.

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Case No. CV12-03373-LHK
Declaration of Joseph E. Addiego ISO Motion and Motion to Withdraw as Counsel For Plaintiff
DWT 21190344v1 0096269-000001

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2. Be In, Inc has retained DWT to represent it in the above-captioned litigation ("Litigation").

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In doing so, Be In agreed to pay DWT's expenses and fees associated with its

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representation of Be In in the Litigation.

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3. I am listed as attorney for Be In in the pleadings filed in this action.

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4. Be In has breached and remains in breach of its agreements with or obligation to DWT as

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to expenses and fees.
5. As a result of Be In's failure to pay fees and expenses, continued representation of Be In

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will present an unreasonable financial burden upon DWT and it is and will be

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unreasonably difficult for DWT to effectively carry out its representation of Be In.

DAVIS WRIGHT TREMAINE LLP

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6. In several oral and written communications dating back to November 2012, I gave Be In

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due notice of DWT's intent to withdraw from representing Be In the Litigation if Be In did

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not remedy its breach of its payment obligations.

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7. On January 17, 2013, I provided Be In with final notice that DWT intended to withdraw
from the Litigation if Be In did not remedy its breach by January 31, 2013.
8. Concurrently with the filing of this Motion, I will serve this Motion and its supporting
papers on all parties not registered with the Court's e-filing system.
9. I have served these papers via overnight mail on Be In.

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I declare under penalty of perjury under the laws of the United States of America and the

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Executed this this 19th day of February, 2013.

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/s/ Joseph E. Addiego III
Joseph E. Addiego III

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Case No. CV12-03373-LHK
Declaration of Joseph E. Addiego ISO Motion and Motion to Withdraw as Counsel For Plaintiff
DWT 21190344v1 0096269-000001