Interserve, Inc. et al v. Fusion Garage PTE. LTD

Filing 230

MOTION to Withdraw as Attorney Quinn Emanuel's Motion to Withdraw as Counsel for Fusion Garage PTE. LTD. filed by Fusion Garage PTE. LTD. Motion Hearing set for 1/19/2012 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 12/27/2011. Replies due by 1/3/2012. (Attachments: # 1 Affidavit Claude M. Stern, # 2 Proposed Order)(Stern, Claude) (Filed on 12/13/2011)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Claude M. Stern (Bar No. 96737)
[e-mail]
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Evette D. Pennypacker (Bar No. 203515)
[e-mail]
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Thomas R. Watson (Bar No. 227264)
[e-mail]
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555 Twin Dolphin Dr., 5th floor
5 Redwood Shores, CA 94065
Telephone: [phone]
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Patrick C. Doolittle (Bar No. 203659)
[e-mail]
Joshua L. Sohn (Bar No. 250105)
[e-mail]
Sam S. Stake (Bar No. 257916)
[e-mail]50 California Street, 22nd Floor
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant Fusion Garage PTE Ltd.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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TECHCRUNCH, INC., a Delaware
19 corporation, and CRUNCHPAD, INC., a
Delaware corporation,
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Plaintiffs,
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vs.
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FUSION GARAGE PTE. LTD., a Singapore
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Defendant.

CASE NO. C 09-cv-5812 RS (PSG)
DECLARATION OF CLAUDE M. STERN
IN SUPPORT OF QUINN EMANUEL
URQUHART & SULLIVAN LLP’S
MOTION TO WITHDRAW AS COUNSEL
OF RECORD FOR DEFENDANT FUSION
GARAGE PTE LTD
Date: January 19, 2012
Time: 1:30 p.m.
Judge: Hon. Richard Seeborg
Location: San Francisco, Courtroom 3 - 17th
Floor

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Case No. C 09-cv-5812 RS (PSG)
Stern Declaration

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DECLARATION OF CLAUDE M. STERN

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I, Claude M. Stern, declare as follows:

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I am a member of the bar of the State of California and a member of Quinn

4 Emanuel Urquhart & Sullivan LLP, attorneys for Defendant Fusion Garage PTE. Ltd. I make this
5 declaration of personal, firsthand knowledge, and if called and sworn as a witness, I could and
6 would testify competently thereto.
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2.

Quinn Emanuel seeks leave to withdraw as counsel of record for Defendant

8 Fusion Garage PTE. Ltd. (“Fusion Garage”) because Fusion Garage’s non-payment of attorneys’
9 fees and associated costs and a breakdown of the attorney-client relationship have made it
10 unreasonably difficult, if not impossible, for Quinn Emanuel to continue to adequately and
11 properly represent Fusion Garage in this matter.
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3.

Fusion Garage has not paid Quinn Emanuel for services rendered and the

13 costs associated with those services for several months. During that time, Quinn Emanuel has
14 acted on behalf of Fusion Garage by seeking discovery from Plaintiffs, responding to written
15 discovery propounded by Plaintiffs, conducting third party discovery (including a deposition of
16 Keith Teare), engaging in lengthy and protracted settlement negotiations, and preparing a motion
17 to compel that is scheduled to be heard on January 3, 2012, among other tasks that cannot be
18 disclosed on grounds of privilege and work product.
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4.

Fusion Garage and Quinn Emanuel have had a breakdown in

20 communication that Quinn Emanuel can more fully explain to the Court in camera if requested by
21 the Court. The circumstances have placed Quinn Emanuel in a position where it can no longer
22 provide effective representation to Fusion Garage.
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5.

On numerous occasions (at least on November 25, 2011, December 1, 2011,

24 December 2, 2011, December 8, 2011, and December 12, 2011), I informed Fusion Garage either
25 orally or in writing that Quinn Emanuel would resign as counsel for Fusion Garage and would
26 seek leave of court to withdraw from this case, and that Fusion Garage needed to retain new
27 counsel.
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-2Stern Declaration

Case No. C 09-cv-5812 RS (PSG)

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I declare under penalty of perjury under the laws of the United States of America

2 that the foregoing is true and correct.
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Executed December 13, 2011, at Redwood Shores, California.

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/s/Claude M. Stern
Claude M. Stern

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-3Stern Declaration

Case No. C 09-cv-5812 RS (PSG)