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)

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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: (415) 276-6500 Facsimile: (415) 276-6599 4 Email: 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: (202) 912-5045 Facsimile: (202) 912-6000 9 Email: 10 Attorneys for Plaintiff BE IN, INC., a New York corporation 11 12 13 IN THE UNITED STATES DISTRICT COURT 14 THE NORTHERN DISTRICT OF CALIFORNIA 15 SAN JOSE DIVISION 16 BE IN, INC., Plaintiff, 17 18 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) v. 19 GOOGLE, INC., a California corporation, RICHARD ROBINSON, and DOES 1 through 20 3, inclusive, 21 Defendants. 22 23 24 Case No. CV12-03373-LHK DECLARATION WILLIAM E. WALLACE 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 I, William E. Wallace, declare as follows: 25 1. I am a partner with the law firm Clifford Chance US LLP ("Clifford Chance"). I have 26 personal knowledge of the facts stated in this declaration and, if called upon to do so, I 27 would and could competently testify thereto. 28 2. Be In, Inc has retained Clifford Chance to represent it in the above-captioned litigation 1 Case No. CV12-03373-LHK Declaration of William E. Wallace ISO Motion and Motion to Withdraw as Counsel For Plaintiff DWT 21190479v1 0096269-000001 1 ("Litigation"). In doing so, Be In signed an Engagement Letter agreeing to pay Clifford 2 Chance's expenses and fees associated with its representation of Be In in the Litigation. 3 3. Clifford Chance attorneys are listed as attorneys for Be In the pleadings filed in this action, 4 however, as indicated therein, the Clifford Chance attorneys have not yet obtained a pro 5 hac vice in this case. 6 7 4. Be In has breached and remains in breach of its agreements with or obligation to Clifford Chance as to expenses and fees. 5. As a result of Be In's failure to pay fees and expenses, continued representation of Be In 9 will present an unreasonable financial burden upon Clifford Chance and it is and will be 10 DAVIS WRIGHT TREMAINE LLP 8 unreasonably difficult for Clifford Chance to effectively carry out its representation of Be 11 In. 12 6. In several oral and written communications dating back to November 2012, I gave Be In 13 due notice of Clifford Chance's intent to withdraw from representing Be In the Litigation if 14 Be In did not remedy its breach of its payment obligations. 15 7. On January 20, 2013, I provided Be In with final notice that Clifford Chance intended to 16 withdraw from the Litigation if Be In did not remedy its breach by January 31, 2013, and I 17 suggested that Be In secure substitute counsel. 18 8. I am informed and believe Be In has secured replacement counsel in the Litigation. 19 9. I provided Be In with a copy of the instant motion on February 11, 2013, prior to filing. 20 21 I declare under penalty of perjury under the laws of the United States of America and the 22 State of California that the foregoing is true and correct. 23 Executed this this 19th day of February, 2013. 24 /s/ William E. Wallace III William E. Wallace III 25 26 27 28 2 Case No. CV12-03373-LHK Declaration of William E. Wallace ISO Motion and Motion to Withdraw as Counsel For Plaintiff DWT 21190479v1 0096269-000001

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