Nextdoor.com, Inc. v. Abhyanker

Filing 238

ORDER Re 217 Motion to Withdraw as Counsel. Signed by Judge Edward M. Chen on 6/24/2014. (emcsec, COURT STAFF) (Filed on 6/24/2014)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

NEXTDOOR.COM, INC.,

9

Plaintiff,
v.

ORDER RE MOTION TO WITHDRAW
AS COUNSEL

11
For the Northern District of California

United States District Court

10

No. C-12-5667 EMC

RAJ ABHYANKER,

12

Defendant.
___________________________________/

(Docket No. 217)
13
14

RAJ ABHYANKER,

15
16

Counterclaimant,
v.

17

NEXTDOOR.COM, INC., et al.,

18

Counterdefendants.
___________________________________/

19
20
21

Defendant Abhyanker’s counsel (“Counsel”), Bruno Tarabichi, Heather Norton, Scott Allen,

22

Roy Montgomery, and Brian Orion, have filed a motion to withdraw as attorneys in this matter.

23

Docket No. 217. Each of them has submitted a declaration, identical but for the name of the

24

attorney, stating that he or she is “ethically required to seek to withdraw” pursuant to Rule 3-700 of

25

the California Rules of Professional Conduct. Docket Nos. 217-1 to 217-5. Counsel, however,

26

provide no further detail.

27
28

Hearing for the motion is scheduled for July 10, 2014. Counsel request the hearing be held
ex parte, in camera, to avoid breaches of confidentiality with their client Abhyanker.

1

Abhyanker opposes the motion, stating that permitting Counsel to withdraw at this late stage

2

would cause him irreparable harm. Docket No. 230. The discovery deadline has passed and trial is

3

scheduled to begin on December 1, 2014. Abhyanker asserts that Counsel is well versed in the

4

detailed and complex facts of the case, and that it would be extremely difficult for him to find new

5

counsel. Docket No. 230. Abhyanker requests the Court to refuse Counsel permission to withdraw

6

until and unless he is able to find counsel to represent him in this matter. Id.

7

The Court GRANTS Counsel’s request that the July 10 hearing be held ex parte, in camera.

require them to withdraw. Counsel shall also provide any grounds they believe warrant another

10

judge to conduct review “to avoid prejudice or bias moving forward.” Docket No. 217-1. The

11
For the Northern District of California

Counsel are ordered to file under seal, by Friday June 27, 2014, the grounds they believe ethically

9

United States District Court

8

papers shall be served on Mr. Abhyanker. Mr. Abhyanker may file a response by July 3, under seal

12

and ex parte.

13
14

IT IS SO ORDERED.

15
16

Dated: June 24, 2014

17

_________________________
EDWARD M. CHEN
United States District Judge

18
19
20
21
22
23
24
25
26
27
28

2