Fatdoor, Inc. et al v. Nextdoor.com, Inc.

Filing 32

ORDER Granting 24 Motion to Withdraw as Counsel. Signed by Hon. Beth Labson Freeman on 7/2/2014. (blflc2, COURT STAFF) (Filed on 7/2/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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FATDOOR, INC.,

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Case No. 14-cv-02335-BLF

Plaintiff,
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v.

ORDER GRANTING MOTION TO
WITHDRAW AS COUNSEL

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NEXTDOOR.COM, INC.,

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Re: ECF No. 24

Defendant.

United States District Court
Northern District of California

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Before the Court is the Administrative Motion to Withdraw as Counsel filed by Scott J.

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Allen and Bruno W. Tarabichi on June 26, 2014. (Admin. Mot., ECF 24)1 Messrs. Allen and

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Tarabichi seek to withdraw from their representation of Plaintiff Fatdoor, Inc., which is

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represented by other counsel. Plaintiff filed a “Response” on June 27, 2014, requesting that this

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Court grant the motion with respect to Mr. Tarabichi, but deny the motion with respect to Mr.

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Allen. (Pl.’s Resp., ECF 25)
Although Messrs. Allen and Tarabichi cited Civil Local Rule 11-5 in their motion, that rule

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is inapplicable where, as here, a party continues to be represented by other counsel. Under the

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present circumstance, counsel must file a Notice of Change in Counsel and may withdraw without

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leave of court. Civ. L.R. 5-1(c)(2)(C). Plaintiff has not identified any contrary authority

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permitting it to object to Mr. Allen’s withdrawal when Plaintiff continues to be represented by

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other counsel. Nor has Plaintiff articulated any specific prejudice from Mr. Allen’s withdrawal of

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representation other than the typical loss of institutional knowledge that is to be expected when

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counsel withdraws from a case. As Plaintiff continues to be represented by other counsel from the

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This is a re-filing of an administrative motion originally filed on June 23, 2014, (ECF 12), before
the case was re-assigned to this Court.

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same entity, the Court does not find its argument sufficiently persuasive to prevent Mr. Allen from

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withdrawing representation.

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For the foregoing reasons, the Administrative Motion to Withdraw as Counsel is
GRANTED as to both Scott J. Allen and Bruno W. Tarabichi.
IT IS SO ORDERED.
Dated: July 2, 2014
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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