Armour v. IP Unity Long Term Disability Plan et al

Filing 63

ORDER (1) REQUESTING SUPPLEMENTAL DECLARATIONS REGARDING MOTION TO WITHDRAW AS COUNSEL AND (2) GRANTING LEAVE TO FILE DECLARATIONS UNDER SEAL. Signed by Judge Jeremy Fogel on 12/6/2010. (jflc3, COURT STAFF) (Filed on 12/6/2010)

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Armour v. IP Unity Long Term Disability Plan et al Doc. 63 1 **E-Filed 12/6/10** 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MAYA ARMOUR, an individual, Plaintiff, v. IP UNITY LONG TERM DISABILITY PLAN; SUN LIFE AND HEALTH INSURANCE COMPANY (U.S.), formerly GE GROUP LIFE ASSURANCE COMPANY; and DOES 1 through 50; Defendants. Case Number 5:10-cv-00189 JF/HRL ORDER1 (1) REQUESTING SUPPLEMENTAL DECLARATIONS REGARDING MOTION TO WITHDRAW AS COUNSEL AND (2) GRANTING LEAVE TO FILE DECLARATIONS UNDER SEAL GCA Law Partners LLP ("GCA") moves to withdraw as counsel of record for Plaintiff Maya Armour ("Plaintiff"). A hearing on the instant motion is set for December 10, 2010. In this ERISA action, Plaintiff with representation by GCA reached a settlement in principle with Defendant Sun Life and Health Insurance Company ("Sun Life"). GCA asserts that Plaintiff subsequently has constructively terminated its representation, that its relationship with Plaintiff 28 This disposition is not designated for publication in the official reports. C a se No. 5:10-cv-00189 JF/HRL O R D E R REQUESTING SUPPLEMENTAL DECLARATIONS REGARDING MOTION TO WITHDRAW AS C O U N S E L, ETC. ( JF E X 1 ) Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 has deteriorated to the point to which it can no longer represent her, that Plaintiff has made continued representation unreasonable, and that there is potential conflict of interest between it and Plaintiff that requires withdrawal. Plaintiff opposes the motion, disclosing that her dispute with GCA involves an "anticipated" disagreement concerning attorneys' fees. Plaintiff contends that the instant motion should be denied and that the dispute should be resolved through the Santa Clara County Bar Association's fee arbitration procedures after the settlement agreement with Sun Life has been finalized. From the current record, the Court is unable to determine whether the dispute concerns an unambiguous agreement to pay attorneys fees or the amount of fees that actually are owed under the agreement. Accordingly, GCA shall submit a supplemental declaration addressing the Court's concerns so that the Court may conduct an in camera review of the facts necessary to resolve the instant motion. Plaintiff also may submit a supplemental declaration in support of her opposition to the motion. To protect Plaintiff's confidences, the declarations shall be filed under seal pursuant to Civil Local Rule 79-5. The declarations shall be filed on or before December 8, 2010 at 11:59 pm. IT IS SO ORDERED. DATED: 12/6/10 19 20 21 22 23 24 25 26 27 28 2 JEREMY FOGEL United States District Judge C a se No. 5:10-cv-00189 JF/HRL O R D E R REQUESTING SUPPLEMENTAL DECLARATIONS REGARDING MOTION TO WITHDRAW AS C O U N S E L, ETC. ( JF E X 1 ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This order was served upon the following persons: Adrienne Clare Publicover Charan Higbee Marissa Otellini Dennis J. Rhodes Stacey Muller Kathryn C. Curry Sallie Kim Maya Armour Adrienne.Publicover@WilsonElser.com Charan.Higbee@WilsonElser.com Marissa.Otellini@WilsonElser.com Dennis.Rhodes@WilsonElser.com Stacey.Muller@WilsonElser.com kcurry@gcalaw.com; ternst@gcalaw.com skim@gcalaw.com 1736 Middlefield Road Palo Alto, CA 94301 3 C a se No. 5:10-cv-00189 JF/HRL O R D E R REQUESTING SUPPLEMENTAL DECLARATIONS REGARDING MOTION TO WITHDRAW AS C O U N S E L, ETC. ( JF E X 1 )

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