Golden Bridge Technology Inc v. Apple Inc et al

Filing 465

ORDER DENYING MOTION TO WITHDRAW by Judge Paul S. Grewal denying 374 Motion to Withdraw as Attorney. (psglc3S, COURT STAFF) (Filed on 5/14/2014)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

United States District Court
For the Northern District of California

10

GOLDEN BRIDGE TECHNOLOGY INC,

11
12
13
14
15
16

Plaintiff,
v.
APPLE, INC.,
Defendant.

)
)
)
)
)
)
)
)
)

Case No. 5:12-cv-04882-PSG
ORDER DENYING MOTION TO
WITHDRAW
(Re: Docket Nos. 374)

Since this case appeared on the undersigned's docket, Plaintiff Golden Bridge Technology
Inc. has been represented by attorneys from the McKool Smith firm. With GBT’s consent, McKool

17
now seeks to withdraw as GBT counsel based on the client's failure to pay its bills.
18
19

This court is quite sympathetic to the idea that attorneys ordinarily should not be made to

20

work for free. But here two key factors weigh against granting McKool's withdrawal request.

21

First, no other attorneys have appeared for GBT. Even in the time since McKool filed its motion,

22

no new attorneys have appeared. Second, trial is upon us. Jury selection is May 30, and opening

23

statements are set for the following Monday. All pretrial motions have been briefed, and the parties

24

are set to appear for a final pretrial conference this Friday. If the court were to grant the motion, it

25
is difficult to imagine how this trial could proceed as scheduled. And rescheduling the trial would
26
27

simply shift the burden to Apple, which hardly would be fair.

28
1
Case No. 5:12-cv-04882-PSG
ORDER DENYING MOTION TO WITHDRAW

1

With great reluctance, and full appreciation of the sacrifice required by counsel, the court

2

must deny the motion to withdraw.

3

IT IS SO ORDERED.

4

Dated: May 14, 2014

5

_________________________________
PAUL S. GREWAL
United States Magistrate Judge

6
7
8
9

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Case No. 5:12-cv-04882-PSG
ORDER DENYING MOTION TO WITHDRAW