Peter B, Inc. et al v. Schantz et al

Filing 181

ORDER FOLLOWING FURTHER CASE MANAGEMENT CONFERENCE; GRANTING MOTION TO WITHDRAW AS PLAINTIFFS' COUNSEL; STAYING CASES. The Court finds good cause to GRANT counsels Motions to Withdraw as Plaintiffs counsel in both C 09-0360-JW and C 10-4454-JW. However, the Mirch firm shall remain as counsel of record on both cases for thirty (30) days for the purposes of receiving and providing legal documents until there is identification of substitute counsel. Further, the Court Orders as follows: (1) As discussed at the Conference, Plaintiffs counsel shall return all Settlement funds paid directly to the Mirch firm to the Special Master prior to March 15, 2011. (2) The Special Master shall hold all Settlement funds and documents until such time as Plaintiffs have retained substitute counsel or upon further Order of the Court. (3) The Court sets April 13, 2011 at 10 a.m., unless a conflict arises for that specific time with Mr. Dollars trial schedule, for a Telephonic Conference to verify the s tatus of Plaintiffs efforts to retain substitute counsel. (4) The Court STAYS both C 09-0360-JW and C 10-4454-JW until such time as Plaintiffs retain substitute counsel or upon further Order of the Court. Counsel shall immediately serve a copy of thi s Order on Plaintiffs. Motions terminated: (173 in 5:09-cv-00360-JW) MOTION for Hearing date, (25 in 5:10-cv-04454-JW) MOTION for Hearing date, (24 in 5:10-cv-04454-JW) MOTION to Withdraw as Attorney, (172 in 5:09-cv-00360-JW) MOTION to Withdraw as Attorney. Please see Order for further specifics. Signed by Judge James Ware on 3/16/2011. (ecg, COURT STAFF) (Filed on 3/17/2011)

Peter B, Inc. et al v. Schantz et al

Doc. 181

1 2 3 4 5 6 7 8 9 10 Peter B, Inc., et al., Plaintiffs, v.
For the Northern District of California

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 09-00360 JW NO. C 10-04454 JW ORDER FOLLOWING FURTHER CASE MANAGEMENT CONFERENCE; GRANTING MOTION TO WITHDRAW AS PLAINTIFFS' COUNSEL; STAYING CASES / Comerica Bank, et al., Defendants. / On March 14, 2011, the Court conducted a Further Status Conference Re. Settlement for C

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Reid Schantz, et al., 13 Defendants. 14 15 16 17 18

09-0360-JW. Counsel for the respective parties were present. At the Conference, the parties 19 discussed Plaintiffs' counsel's pending Motions to Withdraw as Counsel and the status of the 20 Settlement. (hereafter, "Motions," C 09-0360-JW, Docket Item Nos. 172, 173; C 10-4454-JW, 21 Docket Item Nos. 24, 25.) Plaintiffs stated at the Conference that they did not oppose their 22 counsel's Motions to Withdraw. 23 In a civil case, counsel may not withdraw from an action until relieved by order of the Court. 24 See Civ. L. R. 11-5. Rule 3-700(C) of the California Rules of Professional Conduct provides that a 25 lawyer may withdraw from representing a client where, among other things: (1) the client breaches 26 an agreement or obligation to the lawyer as to expenses or fees; or (2) other conduct renders it 27 28

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unreasonably difficult for the lawyer to carry out the employment effectively. Rule 3-700(C)(1)(d), (f). Here, based on counsel's representation that Plaintiffs and counsel have reached an impasse over the administration of their fee agreement, and Plaintiffs' agreement at the Conference to seek replacement counsel, the Court finds good cause to GRANT counsel's Motions to Withdraw as Plaintiffs' counsel in both C 09-0360-JW and C 10-4454-JW. However, the Mirch firm shall remain as counsel of record on both cases for thirty (30) days for the purposes of receiving and providing legal documents until there is identification of substitute counsel. Further, the Court Orders as follows: (1) As discussed at the Conference, Plaintiffs' counsel shall return all Settlement funds paid directly to the Mirch firm to the Special Master prior to March 15, 2011. (2) The Special Master shall hold all Settlement funds and documents until such time as Plaintiffs have retained substitute counsel or upon further Order of the Court. (3) The Court sets April 13, 2011 at 10 a.m., unless a conflict arises for that specific time with Mr. Dollar's trial schedule, for a Telephonic Conference to verify the status of Plaintiffs' efforts to retain substitute counsel. (4) The Court STAYS both C 09-0360-JW and C 10-4454-JW until such time as Plaintiffs retain substitute counsel or upon further Order of the Court. Counsel shall immediately serve a copy of this Order on Plaintiffs.

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Dated: March 16, 2011 JAMES WARE United States District Chief Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Brian Douglas McFarlin [e-mail] George C. Fisher [e-mail] Kevin John Mirch [e-mail] Liam John O'Connor [e-mail] Marie C. Mirch [e-mail] Reid Paul Schantz [e-mail] Steve W. Dollar [e-mail] Dated: March 16, 2011 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

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