Payton v. County of Alameda et al
Filing
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ORDER granting 29 MOTION to Withdraw as Attorney. James Cook shall continue to forward papers to Plaintiff pursuant to Civ. L.R. 11-5(b). Plaintiff shall appear, with or without new counsel, for a Case Management Conference on 04/25/2016 at 1:30 PM in Courtroom 12, 19th Floor, San Francisco. Joint Case Management Statement due by 04/18/2016. Signed by Judge Thelton E. Henderson on 03/21/16. (tehlc1S, COURT STAFF) (Filed on 3/21/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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NATASHA PAYTON,
Plaintiff,
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v.
COUNTY OF ALAMEDA, et al.,
Defendants.
Case No. 15-cv-02528-TEH
ORDER GRANTING MOTION TO
WITHDRAW AS COUNSEL;
SCHEDULING CASE
MANAGEMENT CONFERENCE
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This matter is before the Court on James Cook (on behalf of the Law Offices of
United States District Court
Northern District of California
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John L. Burris)’s Motion to Withdraw as Counsel for Plaintiff. Docket No. 29.
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Defendants did not file an opposition to the motion. The Court finds this matter suitable
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for resolution without oral argument pursuant to Civil Local Rule 7-1(b), and hereby
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VACATES the hearing set for March 28, 2016. Having carefully reviewed the written
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arguments of Mr. Cook, and good cause appearing, the motion is hereby GRANTED for
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the reasons set forth below.
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LEGAL STANDARD
In this district, the California Rules of Professional Conduct govern motions to
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withdraw as counsel. See Nehad v. Mukasey, 535 F.3d 962, 970 (9th Cir. 2008).
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California Rule of Professional Conduct (“Rule”) 3-700(C)(5) allows permissive
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withdrawal when the client “knowingly and freely assents to termination of the
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employment.” Rule 3-700(A)(2) provides that counsel “shall not withdraw from
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employment until the member has taken reasonable steps to avoid reasonably foreseeable
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prejudice to the rights of the client, including giving due notice to the client, allowing time
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for employment of other counsel, complying with rule 3-700(D) [regarding return of
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papers], and complying with applicable laws and rules.” An attorney’s duty to the client
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upon withdrawal “is not altered by the circumstance of who terminates the relationship.”
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Acad. of Cal. Optometrists, Inc. v. Superior Court, 51 Cal. App. 3d 999, 1005-06 (1975).
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The decision to permit counsel to withdraw is within the sound discretion of the
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trial court. United States v. Carter, 560 F.3d 1107, 1113 (9th Cir. 2009). Courts consider
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several factors when deciding a motion for withdrawal, including: “(1) the reasons counsel
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seeks to withdraw; (2) the possible prejudice that withdrawal may cause to other litigants;
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(3) the harm that withdrawal might cause to the administration of justice; and (4) the extent
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to which withdrawal will delay resolution of the case.” Deal v. Countrywide Home Loans,
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No. 09-CV-01643-SBA, 2010 WL 3702459, at *2 (N.D. Cal. Sept. 15, 2010).
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United States District Court
Northern District of California
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DISCUSSION
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Mr. Cook has requested permissive withdrawal from his representation of Plaintiff
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Natasha Payton pursuant to Local Rule 11-5(a) and Rule 3-700 of the California Rules of
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Professional Conduct. Mr. Cook contends that irreconcilable differences existed regarding
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settlement, and that Ms. Payton sought representation by other counsel and requested that
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Mr. Cook’s office return her file. Mot. at 2. Mr. Cook attached a series of emails
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demonstrating Ms. Payton’s desire to “move on from this bad experience” and “leave.”
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Ex. A to Mot. In one of the emails dated January 11, 2016, Ms. Payton requested that her
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file be “ready to go” for her to pick up. Id. On February 12, 2016, Mr. Cook stated that
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his office had returned Ms. Payton’s file. Docket No. 37.
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The Court has considered the applicability of Rule 3-700(C)(5) and has balanced
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Mr. Cook’s reasons for seeking withdrawal against potential prejudice to the parties, harm
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to the administration of justice, and delay. The Court finds that Mr. Cook has cited
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legitimate reasons in support of his motion to withdraw, and that due to the early stage of
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this litigation, there would be minimal prejudice to the parties, harm to the administration
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of justice, or undue delay if the Court allows Mr. Cook to withdraw. There have been no
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substantive motions filed in this case and only one Case Management Conference has
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occurred. Therefore, Mr. Cook’s withdrawal would not disrupt the proceedings. For these
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reasons, the Court GRANTS Mr. Cook’s motion to withdraw.
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However, it is unclear to the Court from the submitted papers whether Ms. Payton
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has obtained new counsel, and no substitution of counsel has been filed thus far.
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Therefore, Mr. Cook shall continue to forward papers to Ms. Payton. See Civ. L. R. 11-
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5(b) (“When withdrawal . . . is not accompanied by simultaneous appearance of substitute
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counsel or agreement of the party to appear pro se, leave to withdraw may be subject to the
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condition that papers may continue to be served on counsel for forwarding purposes . . .
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unless and until the client appears by other counsel or pro se.”).
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United States District Court
Northern District of California
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CONCLUSION
The Law Offices of John L. Burris and all of its members are hereby permitted to
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withdraw as counsel of record in the above-captioned action for Plaintiff Natasha Payton,
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effective immediately upon issuance of this Order. The Law Offices of John L. Burris
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shall continue to receive all papers served in this action and forward them to Ms. Payton
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until substitute counsel is appointed or Ms. Payton appears pro se.
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The Court hereby schedules a Case Management Conference on Monday, April 25,
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2016 at 1:30 PM, in Courtroom 12 on the 19th Floor of the Phillip Burton Federal
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Courthouse. Ms. Payton shall appear at the Case Management Conference with her new
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counsel or be prepared to present to the Court specific information as to her attempts to
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obtain new counsel. The parties shall file a joint case management statement no later than
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April 18, 2016.
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IT IS SO ORDERED.
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Dated: 03/21/16
_____________________________________
THELTON E. HENDERSON
United States District Judge
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