Software Rights Archive, LLC v. Facebook, Inc.

Filing 134

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING (90 in case 4:12-cv-03972-HSG; 99 in case 4:12-cv-03971-HSG; and 130 in case 4:12-cv-03970-HSG) MOTION TO WITHDRAW AS LOCAL COUNSEL FOR PLAINTIFF.(ndrS, COURT STAFF) (Filed on 6/15/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SOFTWARE RIGHTS ARCHIVE, LLC,
Plaintiff,

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v.
FACEBOOK, INC., et al.,

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United States District Court
Northern District of California

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SOFTWARE RIGHTS ARCHIVE LLC,

ORDER GRANTING MOTION TO
WITHDRAW AS LOCAL COUNSEL
FOR PLAINTIFF

Defendants.

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Case No. 12-cv-03970-HSG

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Plaintiff,
v.
LINKEDIN CORPORATION,

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SOFTWARE RIGHTS ARCHIVES, LLC,
Plaintiff,

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v.

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TWITTER, INC.,

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Case No. 12-cv-03971-HSG
ORDER GRANTING MOTION TO
WITHDRAW AS LOCAL COUNSEL
FOR PLAINTIFF
Re: Dkt. No. 99

Defendant.

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Re: Dkt. No. 130

Case No. 12-cv-03972-HSG
ORDER GRANTING MOTION TO
WITHDRAW AS LOCAL COUNSEL
FOR PLAINTIFF
Re: Dkt. No. 90

Defendant.
In each of these related cases, W. Paul Schuck (“Attorney Schuck”) and Bartko Zankel

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Bunzel & Miller (“BZBM Firm”) filed an unopposed motion to withdraw as local counsel for

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Plaintiff Software Rights Archive, LLC. E.g., Software Rights Archive, LLC v. Facebook, Inc.,

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Case No. 12-cv-03970-HSG, Dkt. No. 130. Each motion also requests that Plaintiff’s substitute

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local counsel be required to appear within 30 days. E.g., id. Having carefully reviewed the

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motions and supporting declarations, the Court is convinced that Civil Local Rule 11-5(a)’s

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reasonable notice requirement is satisfied. Furthermore, no prejudice will result from granting the

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motions because (A) the cases are currently stayed (Facebook and Twitter) or terminated

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(Linkedin); (B) several attorneys from Hardy Parrish Yang LLP (“Hardy Firm”), who have been

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admitted pro hac vice, will continue to represent Plaintiff; (C) the BZBM Firm has helped to

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identify substitute local counsel; and (D) Plaintiff consents to withdrawal. See, e.g., Facebook,

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Case No. 12-cv-03970-HSG, Dkt. No. 130-1, Schuck Decl. ¶¶ 4–9; CA RPC Rule 3-700(A)(2)

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(reasonable steps to avoid of reasonably foreseeable prejudice to client); CA RPC Rule 3-

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700(C)(5) (permissive withdrawal with client’s free consent). Finally, upon appearance of

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substitute local counsel, the pro hac vice requirements for the Hardy Firm’s attorneys will remain

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satisfied. See Civ. L.R. 11-3(a)(3).

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United States District Court
Northern District of California

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For the foregoing reasons, the Court hereby GRANTS the motion to withdraw filed in
each of the related cases. The Court ORDERS SRA’s substitute local counsel to appear within 30
days. In the meantime, leave to withdraw is subject to the condition that papers continue to be
served on Attorney Schuck and the BZBM Firm until substitute local counsel appears. See Civ.
L.R. 11-5(b).
IT IS SO ORDERED.
Dated: 6/15/2017
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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