Kastler v. Oh My Green, Inc. et al
Filing
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ORDER GRANTING 55 ADMINISTRATIVE MOTION Withdrawal of Counsel for Defendant Oh My Green, Inc. Signed by Judge Haywood S. Gilliam, Jr. on 11/17/2020. (ndrS, COURT STAFF) (Filed on 11/17/2020)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ANNE KASTLER,
Plaintiff,
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v.
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GRANTING MOTION TO
WITHDRAW
Re: Dkt. No. 55
OH MY GREEN, INC.,
Defendant.
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United States District Court
Northern District of California
Case No. 19-cv-02411-HSG
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Pending before the Court is a motion to withdraw as counsel filed by Javier Torres,
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attorney for Defendant Oh My Green, Inc (“Oh My Green”). Dkt. No. 55. The motion came on
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for hearing on November 13, 2020. For the reasons set forth below, the unopposed motion is
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GRANTED subject to the conditions described below.
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I.
DISCUSSION
Javier Torres seeks to withdraw as counsel for Oh My Green on the basis that the attorney-
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client relationship “has deteriorated to the point where it is impossible for Torres to . . . take the
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necessary litigation strategies and steps to continue to pursue and protect Oh My Green’s best
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interests, in part because Torres has not received necessary information from Oh My Green.” Id.
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at 2–3. Javier Torres also indicates that Oh My Green has failed to abide by the written agreement
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between Oh My Green and Stinson LLP. Id. at 2.
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In this district, “[c]ounsel may not withdraw from an action until relieved by order of
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Court after written notice has been given reasonably in advance to the client and to all other
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parties who have appeared in the case.” Civ. L.R. 11-5(a). Moreover, “[w]hen withdrawal by an
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attorney from an action is not accompanied by simultaneous appearance of substitute counsel or
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agreement of the party to appear pro se, leave to withdraw may be subject to the condition that
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papers may continue to be served on counsel for forwarding purposes, unless and until the client
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appears by other counsel or pro se.” Civ. L.R. 11-5(b).
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Withdrawal is also governed by the California Rules of Professional Conduct. See j2
Glob. Commc’ns, Inc. v. Blue Jay, Inc., No. C 08-4254PJH, 2009 WL 464768, at *1 (N.D. Cal.
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Feb. 24, 2009)). Under these rules, permissive withdrawal may be granted only by leave of the
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Court. CA ST RPC, Rule 3-700(A)(1). The rules provide for permissive withdrawal on various
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grounds, including when “[t]he client . . . breaches an agreement or obligation to the member as to
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expenses or fees.” Id., Rule 3-700(C)(1). But an attorney may not withdraw before he or she “has
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taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client,
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including giving due notice to the client, allowing time for employment of other counsel,
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United States District Court
Northern District of California
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complying with rule 3-700(D), and complying with applicable laws and rules.” Id., Rule 3-
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700(A)(2); see also id., Rule 3-700(D) (regarding the refund of fees and the release of property
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and papers).
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More broadly, courts assessing a motion to withdraw engage in a balancing of the equities,
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considering such factors as why counsel seeks to withdraw and whether permitting withdrawal
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may prejudice other litigants, harm the administration of justice, or delay the case’s resolution.
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See Robinson v. Delgado, No. CV 02-1538 NJV, 2010 WL 3259384, at *2 (N.D. Cal. Aug. 18,
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2010) (citing cases).
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Javier Torres’ request to withdraw satisfies the applicable local rules. Javier Torres
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informed Oh My Green in writing of the pertinent deadlines in the case and provided notice to Oh
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My Green and Plaintiff of the administrative motion to withdraw. Dkt. No. 55-1 (“Torres Decl.”).
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At the November 13 hearing, a client representative indicated that Oh My Green does not oppose
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the motion. Similarly, Plaintiff does not oppose the motion. Dkt. No. 57. Based on the record
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before the Court, the Court is persuaded that counsel filed the motion with a good faith belief that
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there is good cause for withdrawal.
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As a business entity, Oh My Green may appear in federal court only through counsel. See
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In re Am. W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (per curiam); Civ. L.R. 3-9(b).
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Consequently, Oh My Green must obtain new counsel within 30 days of this Order. During this
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period, the Court directs Javier Torres to accept service of papers for forwarding to Oh My Green
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unless and until Oh my Green appears by other counsel. See Civil L.R. 11-5(b).
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II.
CONCLUSION
Accordingly, Javier Torres’ motion to withdraw as counsel for Plaintiff is GRANTED,
subject to the foregoing conditions. And the Court STAYS all deadlines for 30 days.
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This order terminates Dkt. No. 55.
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IT IS SO ORDERED.
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Dated: 11/17/2020
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HAYWOOD S. GILLIAM, JR.
United States District Judge
United States District Court
Northern District of California
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