State of California et al v. Trump et al

Filing 218

MOTION to Withdraw as Attorney filed by State of Hawaii. Responses due by 10/24/2019. Replies due by 10/31/2019. (Attachments: # 1 Proposed Order)(Wadsworth, Clyde) (Filed on 10/10/2019)

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CLARE E. CONNORS Attorney General of Hawaii CLYDE J. WADSWORTH Solicitor General ROBERT T. NAKATSUJI (appearance pro hac vice) Deputy Solicitor General Department of the Attorney General 425 Queen Street Honolulu, Hawaii 96813 Telephone: (808) 586-1360 E-Mail: Clyde.J.Wadsworth@hawaii.gov Robert.T.Nakatsuji@hawaii.gov Attorneys for Plaintiff State of Hawaii IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION STATE OF CALIFORNIA, et al., Case No. 4:19-cv-00872-HSG NOTICE OF MOTION AND MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF STATE OF HAWAII Plaintiffs, v. DONALD J. TRUMP, in his official capacity as President of the United States of America, et al., Defendants. . NOTICE OF MOTION PLEASE TAKE NOTICE that Clyde J. Wadsworth of the Department of the Attorney General of the State of Hawaii, 425 Queen Street, Honolulu, Hawaii 96813, shall and hereby does respectfully seek leave of this Court, pursuant to Local R. 11-5(a) and in compliance with Cal. R. Prof. Conduct 3-700, to withdraw as counsel for Plaintiff State of Hawaii. MOTION TO WITHDRAW AS COUNSEL Pursuant to Local R. 11-5, Clyde J. Wadsworth (Movant) hereby notifies the parties and the Court of his intent to withdraw as counsel for Plaintiff State of Hawaii. Movant offers the following grounds for this notice and motion: 1. Movant was previously admitted to practice in the U.S. District Court for the Northern District of California on June 13, 1985. 2. Movant has represented the State of Hawaii as part of his employment with the Department of the Attorney General. Movant has been appointed to serve as a judge of the Hawaii Intermediate Court of Appeals and, shortly, will no longer be employed as an attorney with the Department. 3. Robert T. Nakatsuji, Deputy Solicitor General, was admitted to practice pro hac vice in this action on September 5, 2019. Mr. Nakatsuji also represents the State of Hawaii and will continue to do so. 4. Movant’s withdrawal will not cause any prejudice or delay in this case. All parties have counsel actively representing them, and none will require any additional time to review or acclimate to the absence of Movant as counsel for the State of Hawaii. 5. Given the insubstantial nature of this Motion, as well as the substantial burden to all parties in traveling and attending a hearing on this Motion, Movant respectfully requests that the Court waive oral argument 2 6. THEREFORE, Movant Clyde J. Wadsworth respectfully requests that this Court waive oral argument on this Motion, grant him leave to withdraw as counsel in the abovecaptioned matter, and enter an order stating that Movant has so withdrawn. Dated: Honolulu, Hawaii, October 10, 2019. Respectfully Submitted, /s/ Clyde J. Wadsworth Clyde J. Wadsworth Solicitor General Attorney for Plaintiff STATE OF HAWAII CERTIFICATE OF SERVICE The undersigned hereby certifies that on October 10, 2019, I caused the foregoing document to be filed via the U.S. District Court for the Northern District of California’s CM/ECF system, which I understand caused service on all registered parties through their attorneys. DATED: Honolulu, Hawaii, October 10, 2019. /s/ Clyde J. Wadsworth Clyde J. Wadsworth Solicitor General Attorney for Plaintiff STATE OF HAWAII CLARE E. CONNORS Attorney General of Hawaii CLYDE J. WADSWORTH Solicitor General ROBERT T. NAKATSUJI (appearance pro hac vice) Deputy Solicitor General Department of the Attorney General 425 Queen Street Honolulu, Hawaii 96813 Telephone: (808) 586-1360 E-mail: Clyde.J.Wasdsworth@hawaii.gov Robert.T.Nakatsuji@hawaii.gov Attorneys for Plaintiff State of Hawaii IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION STATE OF CALIFORNIA, et al., Plaintiffs, v. Case No. 4:19-cv-00872-HSG [PROPOSED] ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF STATE OF HAWAII DONALD J. TRUMP, in his official capacity as President of the United States of America, et al., Defendants. . Clyde J. Wadsworth seeks leave to withdraw as counsel for Plaintiff State of Hawaii in the above-captioned litigation pursuant to Local R. 11-5(a) and Cal. R. Pro. Conduct 3700(A)(1). As this Court finds that Mr. Wadsworth has submitted satisfactory reasoning for withdrawal, and that granting his Motion will not cause substantial prejudice or delay to any party: IT IS HEREBY ORDERED THAT Clyde J. Wadsworth’s Motion to Withdraw as Counsel for Plaintiff State of Hawaii is GRANTED, and Clyde J. Wadsworth is hereby terminated as counsel in this proceeding. DATED: By: United States District Court Judge 2

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