Perry v. Perdue Foods LLC et al

Filing 90

ORDER by Judge Joseph C. Spero granting 62 Motion to Withdraw. (jcslc1S, COURT STAFF) (Filed on 4/12/2019)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 BARBARA PERRY, Case No. 17-cv-03502-JST (JCS) Plaintiff, 7 v. ORDER GRANTING MOTION TO WITHDRAW 8 9 PERDUE FOODS LLC, et al., Re: Dkt. No. 62 Defendants. 10 United States District Court Northern District of California 11 12 On February 5, 2019, Hunter Pyle Law and Law Offices of Aleksey G. Tovarian brought a 13 Motion to Withdraw as Plaintiff’s Counsel of Record (“Motion to Withdraw”), which was referred 14 to the undersigned for a decision. See Docket Nos. 65, 67. The Court held hearings on the Motion 15 to Withdraw on March 29, 2019 and on April 12, 2019; a portion of both hearings was sealed and 16 was conducted ex parte with Plaintiff’s counsel. The Court has also considered the written briefs 17 of the parties, including the opposition brief filed by Plaintiff Barbara Perry. See Docket No.86. 18 The Court finds that there has been an irreconcilable breakdown in the attorney-client relationship 19 and that the client’s conduct has rendered it “unreasonably difficult for [counsel] to carry out the 20 representation effectively.” See Rule 1.16 of the Rules of Professional Conduct of the State Bar of 21 California. Accordingly, the Motion to Withdraw is GRANTED conditional on the requirement 22 that papers shall continue to be served on counsel for forwarding purposes, unless and until 23 Plaintiff appears by other counsel or pro se, pursuant to Civil Local Rule 11-5(b). Counsel shall 24 notify Plaintiff of this condition, as is required under the Local Rule. 25 26 27 28 IT IS SO ORDERED. Dated: April 12, 2019 ______________________________________ JOSEPH C. SPERO Chief Magistrate Judge

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