Johnson v. Mariani Jr. et al

Filing 28

ORDER VACATING HEARING ON 23 MOTION TO WITHDRAW AS COUNSEL FO RECORD FOR DEFENDANT WORLD FURNISHINGS LLC; GRANTING MOTION; AND STAYING CASE FOR 30 DAYS TO PERMIT DEFENDANT WORLD FURNISHINGS LLC TO RETAIN NEW COUNSEL. Signed by Judge Beth Labson Freeman on 4/4/2019. (blflc1S, COURT STAFF) (Filed on 4/4/2019)

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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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SCOTT JOHNSON,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 18-cv-03611-BLF

v.
LOUIS J. MARIANI JR., et al.,
Defendants.

ORDER VACATING HEARING ON
MOTION TO WITHDRAW AS
COUNSEL OF RECORD FOR
DEFENDANT WORLD FURNISHINGS,
LLC; GRANTING MOTION; AND
STAYING CASE FOR 30 DAYS TO
PERMIT DEFENDANT WORLD
FURNISHINGS, LLC TO RETAIN
NEW COUNSEL
[Re: ECF 23]

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Richard D. Schramm of Employment Rights Attorneys has appeared as counsel of record

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for all three defendants in this case: Louis J. Mariani, Jr., George I. Sousa, and World Furnishings

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LLC. Mr. Schramm now seeks to withdraw as counsel of record for World Furnishings LLC. See

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ECF 23. Mr. Shramm has submitted a declaration describing circumstances which give rise to a

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conflict between Defendants Mariani and Sousa on the one hand, and Defendant World

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Furnishings LLC on the other hand. See ECF 23-1 ¶¶ 5-7. Mr. Shramm also states that Franklin

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“Chris” Kong of World Furnishings LLC informed Mr. Shramm that World Furnishings LLC no

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longer wished to be represented by Employment Rights Attorneys and would not comply with the

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attorney-client fee agreement. See id. Finally, Mr. Shramm describes his attempts to follow up

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with World Furnishings LLC about its plans to retain new counsel. See id. ¶¶ 7-9.

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The record reflects that Mr. Shramm served his motion to withdraw on Plaintiff Scott

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Johnson and on World Furnishings LLC. See ECF 23-3. Plaintiff has filed a statement of non-

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opposition. See ECF 27. Defendant World Furnishings LLC has not responded.

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The Court finds Mr. Shramm’s motion to withdraw to be appropriate for disposition

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without oral argument. See Civ. L.R. 7-1(b). The April 17, 2019 hearing on the motion is

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VACATED.

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The Court finds that Mr. Schramm has given written notice to World Furnishings LLC and

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to Plaintiff as required under Civil Local Rule 11-5(a), and that withdrawal is warranted under the

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standards set forth in California Rule of Professional Conduct 1.16(b). Accordingly, the motion to

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withdraw is GRANTED.

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The case is STAYED through May 6, 2019, to afford World Furnishings LLC an
opportunity to retain new counsel. If new counsel does not appear on behalf of World Furnishings

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LLC on or before May 7, 2019, its answer will be stricken and Plaintiff may seek entry of default

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United States District Court
Northern District of California

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and default judgment.

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IT IS SO ORDERED.

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Dated: April 4, 2019
______________________________________
BETH LABSON FREEMAN
United States District Judge

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