Heroic Era, LTD. v. Evony, LLC et al

Filing 144

ORDER by Magistrate Judge Bernard Zimmerman GRANTING #129 Motion to Withdraw as Attorney. Signed by Magistrate Judge Bernard Zimmerman, on 11/21/11 (bzsec, COURT STAFF) (Filed on 11/21/2011) Modified on 11/22/2011 (jlm, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HEROIC ERA, LTD.,

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Plaintiff(s),
v.

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EVONY, LLC, et al.,
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Defendant(s).
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EVONY, LLC, et al.,
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Counterclaim
Plaintiffs,

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v.
HEROIC ERA, LTD.,
Counterclaim
Defendant.

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No. C10-2458 SBA (BZ)

ORDER GRANTING MOTION TO
WITHDRAW

The law firm of Newman Du Wors, LLP (“Newman Du Wors”)

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has filed a motion to withdraw as attorney of record for

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Plaintiff, Heroic Era, LTD (“Heroic Era”).

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Newman Du Wors moves to withdraw due to Heroic Era’s failure

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to pay invoices for legal services that Newman Du Wors has

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rendered and due to Heroic Era’s failure to communicate with
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(Docket No. 129.)

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Newman Du Wors, which Newman Du Wors has stated is hampering

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its ability to represent Heroic Era’s interests.

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has not filed an opposition to the motion to withdraw;

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however, counsel for Defendant Evony, LLC (“Evony”) filed an

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opposition, arguing that the written notice provided by Newman

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Du Wors to Heroic Era pursuant to Local Rule 11-5(a) of its

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intent to withdraw as counsel of record was insufficient, and

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that if Newman Du Wors is permitted to withdraw, Evony will

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suffer prejudice because it will be unable to serve Heroic Era

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with a motion for contempt or to enforce the judgment entered

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against Heroic Era.

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Heroic Era

(Def.’s Opp. Brief p. 4.)

According to Civil Local Rule 11-5, “[c]ounsel may not

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withdraw from an action until relieved by order of Court after

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written notice has been given reasonably in advance to the

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client and to all other parties who have appeared in the

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case.”

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action is not accompanied by simultaneous appearance of

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substitute counsel or agreement of the party to appear pro se,

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leave to withdraw may be subject to the condition that papers

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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

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se.” Civil L.R. 11-5(b).

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counsel, including withdrawal of counsel, is governed by the

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standards of professional conduct required of members of the

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State Bar of California.

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Cygnus Therapeutic Systems, 809 F.Supp. 1383, 1387 (N.D. Cal.

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1992).

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3-700(C)(1)(d), an attorney may request permission to withdraw

Further, “[w]hen withdrawal by an attorney from an

In this district, the conduct of

See Elan Transdermal Limited v.

Under California Rule of Professional Conduct

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if the client’s “conduct renders it unreasonably difficult for

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the [attorney] to carry out the employment effectively.”

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attorney may also request permission to withdraw if the client

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breaches an agreement or obligation to the member as to

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expenses or fees.

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Rule 3-700(C)(1)(f).

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attorney’s motion to withdraw as counsel is committed to the

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sound discretion of the trial court.

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F.3d 1253, 1269 (9th Cir. 1998).

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An

California Rules of Professional Conduct
The decision to grant or deny an

LaGrand v. Stewart, 133

In the present case, good cause for withdrawal exists.

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Heroic Era’s refusal to communicate with Newman Du Wors makes

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it unreasonably difficult for Newman Du Wors to represent

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Heroic Era effectively.

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Wors, Heroic Era has refused to pay invoices for legal

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services.

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withdrawal would cause any prejudice to other litigants or

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that it would harm or unduly delay the administration of

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justice.

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notice of its intent to withdraw on September 20, 2011, and

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Heroic Era has not responded despite having nearly 8 weeks to

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do so.

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Newman Du Wors’ withdrawal as counsel and given that Newman Du

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Wors’ motion to withdraw as counsel is not accompanied by a

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simultaneous appearance of substitute counsel, Newman Du Wors

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Moreover, according to Newman Du

There is also no indication that Newman Du Wors’

Newman Du Wors provided Heroic Era with written

However, given that Heroic Era has not assented to

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shall continue to accept service of papers for forwarding

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purposes until Heroic Era appears by other counsel.

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Dated: November 21, 2011

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Bernard Zimmerman
United States Magistrate Judge

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G:\BZALL\-REFS\HEROIC ERA V. EVONY\ORD ON MOTION TO WITHDRAW AS COUNSEL.wpd

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