Rainbow Business Solutions et al v. Merchant Services, Inc et al

Filing 201

ORDER by Judge Claudia Wilken GRANTING SCHEIN & CAI, LLPS #193 MOTION FOR WITHDRAWAL AS COUNSEL FOR DEFENDANTS, CROSS-CLAIMANTS AND CROSS-DEFENDANTS ATLAS PAYMENT PROCESSING; FIONA WALSHE; ANTHONY KUTSCHER; ROVER ENTERPRISES, INC.; PROTG INVESTMENTS, INC.; AND MERCHANT SERVICES F.A., INC. (ndr, COURT STAFF) (Filed on 3/15/2011)

Just Film, Inc. et al v. Merchant Services, Inc et al

Doc. 201

1 2 3 4 5 6 7 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 United States District Court For the Northern District of California JUST FILM, INC., et al., 11 Plaintiffs, 12 v. 13 MERCHANT SERVICES, INC., et al., 14 Defendants. 15 16 17 18 19 20 21 Attorneys James Cai and Seth W. Wiener, of Schein & Cai, LLP, 22 move to be relieved as counsel for Defendant Atlas Payment 23 Processing; Defendant, Cross-Claimant and Cross-Defendant Fiona 24 Walshe; and Cross-Claimants and Cross-Defendants Anthony Kutscher,1 25 Rover Enterprises, Inc., Protégé Investments, Inc. and Merchant 26 27 28 Defendant Kutscher is currently in bankruptcy. Thus, all proceedings against him in this case must be stayed. (Docket No. 181.)
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IN THE UNITED STATES DISTRICT COURT

No. C 10-1993 CW ORDER GRANTING SCHEIN & CAI, LLP'S MOTION FOR WITHDRAWAL AS COUNSEL FOR DEFENDANTS, CROSS-CLAIMANTS AND CROSS-DEFENDANTS ATLAS PAYMENT PROCESSING; FIONA WALSHE; ANTHONY KUTSCHER; ROVER ENTERPRISES, INC.; PROTÉGÉ INVESTMENTS, INC.; AND MERCHANT SERVICES F.A., INC. (Docket No. 193)

/ AND ALL RELATED CROSS-CLAIMS /

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Services F.A., Inc. (collectively, Atlas Parties).

The Atlas

Parties; Plaintiffs Just Film, Inc., et al.; and the other Defendants did not respond to Cai and Wiener's motion. Cai and Wiener assert that their withdrawal is necessary based on Rule 3-700(C)(2) of the California Rules of Professional Conduct, which provides that "a member may not request permission to withdraw in matters pending before a tribunal . . . unless such request or such withdrawal is because . . . [t]he continued employment is likely to result in a violation of these rules or of the State Bar Act." Cai and Wiener maintain that certain

undisclosed conflicts of interest have arisen among the Atlas Parties. Thus, Cai and Wiener assert, they must withdraw as

counsel for the Atlas Parties. Having considered the papers filed by Cai and Wiener, the Court GRANTS their motion. (Docket No. 193.) In accordance with

Civil L.R. 11-5(b), Cai and Wiener are permitted to withdraw as counsel for the Atlas Parties on the condition that, for forwarding purposes, they continue to receive papers filed in this action until each of the Atlas Parties appears pro se, if possible, or through new counsel. Cai and Wiener shall inform each of the Atlas

Parties of this Order and the effect this Order has on that party in this action. Atlas Payment Processing, Rover Enterprises, Protégé Investments, and Merchant Services F.A. are apparently legal entities. Such entities must be represented by an attorney In re Am. W. Airlines, 40

authorized to appear before the Court.

F.3d 1058, 1059 (9th Cir. 1994) (citing Rowland v. Cal. Men's Colony, 506 U.S. 194 (1993)). If, by April 11, 2011, new counsel 2

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

has not appeared for these entity Defendants, any party having claims against them may ask the Clerk to enter default against them, and the Clerk shall do so. Thirty days after the Clerk's

entry of default, parties having claims against these entity Defendants shall move for default judgment. IT IS SO ORDERED.

Dated: 3/15/2011 CLAUDIA WILKEN United States District Judge

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