McEnroe v. AT&T Mobility Services LLC

Filing 64

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING (49], 54 MOTION TO WITHDRAW AS ATTORNEY AND STAYING ALL DEADLINES.(ndrS, COURT STAFF) (Filed on 4/12/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SARA MCENROE,

Case No. 15-cv-02190-HSG

Plaintiff,
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ORDER GRANTING MOTION TO
WITHDRAW AS ATTORNEY AND
STAYING ALL DEADLINES

v.
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AT&T MOBILITY SERVICES LLC,

Re: Dkt. Nos. 49, 54

Defendant.

United States District Court
Northern District of California

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Plaintiff has been represented by Perry, Johnson, Anderson, Miller, and Moskowitz LLP

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(“Counsel”) since April 14, 2015. Dkt. No. 1. On March 24, 2016, Counsel moved to withdraw

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because Plaintiff has sued Counsel for professional negligence and breach of fiduciary duty in

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Sonoma County Superior Court. Dkt. No. 49 (“Motion”) ¶¶ 2, 4. The Motion is unopposed. The

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Court held a hearing on April 7, 2016, at which Plaintiff and Counsel appeared, and GRANTED

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the Motion.

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I.

ANALYSIS
Under Civil Local Rule 11-5(a), “[c]ounsel may not withdraw from an action until relieved

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by order of Court after written notice has been given reasonably in advance to the client and to all

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other parties who have appeared in the case.” The local rules also provide that when withdrawal

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of counsel is not accompanied by simultaneous appearance of substitute counsel or a party’s

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agreement to appear pro se, the motion to withdraw can be granted on the condition that all papers

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from the court and from the opposing party shall continue to be served on current counsel for

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forwarding purposes until the client appears by other counsel or pro se. Civ. L.R. 11-5(b).

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Withdrawal is governed by the California Rules of Professional Conduct. See j2 Glob.
Commc’ns, Inc. v. Blue Jay, Inc., No. C 08-4254PJH, 2009 WL 464768, at *1 (N.D. Cal. Feb. 24,

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2009). California Rule of Professional Conduct 3–700(c) provides that an attorney may request

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permission to withdraw if the client’s “conduct renders it unreasonably difficult for the [attorney]

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to carry out the employment effectively” or if the attorney “believes in good faith, in a proceeding

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pending before a tribunal, that the tribunal will find the existence of other good cause for

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withdrawal.” The decision to grant or deny a motion to withdraw is within the Court’s discretion.

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Id.; Gong v. City of Alameda, No. C 03–05495 THE, 2008 WL 160964, at *1 (N.D. Cal. Jan. 8,

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2008).
Counsel has confirmed that he has taken reasonable steps to avoid prejudice to Plaintiff by

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United States District Court
Northern District of California

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serving Plaintiff, through her attorney, written notice of Counsel’s intention to withdraw. Mot.
¶ 5.
On the record before the Court, the Court finds good cause to allow Counsel to withdraw

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based on a breakdown of the attorney-client relationship. See generally Adams v. City of

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Hayward, No. 14-CV-05482-KAW, 2015 WL 5316124, at *2 (N.D. Cal. Sept. 11, 2015) (granting

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motion to withdraw). The record reflects that Plaintiff’s state court action against Counsel for

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professional negligence and breach of fiduciary duty renders it unreasonably difficult for Counsel

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to carry out this employment effectively. Because Plaintiff has not yet engaged substitute counsel

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or agreed to proceed pro se, the Motion is granted on the condition that Counsel continue to serve

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Plaintiff with all papers from Defendant and the Court until Plaintiff files notice of a substitution

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of counsel or intent to proceed pro se, as provided by Civil Local Rule 11–5(b).

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II.

CONCLUSION

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As explained on the record at the hearing, the Court GRANTS the motion to withdraw.

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Plaintiff has thirty days from the date of the hearing to retain substitute counsel if she can (and

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wishes to) do so. At the Case Management Conference set for May 10, 2016 at 2:00 p.m.,

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Plaintiff must be prepared to proceed pro se (in other words, to represent herself) if she does not

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retain substitute counsel before that date. All deadlines in this action are hereby STAYED until

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further ordered of the Court, and the parties must be prepared to discuss the setting of a full

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pretrial and trial schedule at the Case Management Conference.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: 4/12/2016
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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