Pacific Maritime Freight, Inc. v. Foster et al

Filing 42

ORDER Granting 35 Motion to Withdraw. Gordon & Rees, LLP is terminated as counsel of record for Defendants Sonia L. Foster and The Foster Group, Inc. The 34 stay of this case, entered on September 22, 2011 is hereby Lifted. All parties shall appear for a status conference on Tuesday, February 21, at 4:00 p.m. Signed by Judge Barry Ted Moskowitz on 12/28/11. (ecs)(jrd)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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PACIFIC MARITIME FREIGHT, INC.,

Case No. 10cv00578 BTM (BLM)

Plaintiff,

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ORDER GRANTING MOTION TO
WITHDRAW

v.
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SONIA L. FOSTER; THE FOSTER
GROUP, INC.; DOES 1 through 10,
inclusive,

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Defendants,

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AND RELATED COUNTERCLAIM

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Gordon & Rees, LLP (“G&R”) has filed a motion to withdraw as counsel of record for

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Defendants Sonia L. Foster and The Foster Group, Inc. (collectively, the “Foster

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Defendants”).

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G&R seeks to withdraw as counsel of record on the grounds that the Foster

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Defendants have ceased communicating with G&R, have made it unreasonably difficult for

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G&R to carry out its representation effectively, and have failed to comply with contractual

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obligations to pay fees and expenses to G&R.

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Under California’s Rules of Professional Conduct, withdrawal is permissible if the

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client “renders it unreasonably difficult for the [attorney] to carry out the employment

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effectively, or . . . breaches an agreement or obligation to the [attorney] as to expenses or

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fees.” Cal. R. Prof. Conduct 3-700(C)(1)(d) & (f).
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10cv00578 BTM (BLM)

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Based on G&R’s representations, set forth in the Declaration of Russell P. Brown, that

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the Foster Defendants ceased communicating with G&R in June 2011, and that they have

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failed to meet obligations as to fees and expenses owed both to G&R and to expert

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witnesses retained by G&R for the purposes of this representation, the Court finds that

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withdrawal is justified. Therefore, the Court ORDERS as follows:

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1.

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hereby GRANTED.
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The Clerk shall terminate Gordon & Rees, LLP as counsel of record for
Defendants Sonia L. Foster and The Foster Group, Inc.

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The stay of this case, entered on September 22, 2011 (Dkt. No. 34) is hereby
LIFTED.

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G&R’s motion to withdraw as counsel of record for the Foster Defendants is

G&R shall immediately serve a copy of this Order on both of the Foster
Defendants, and shall file a proof of service with the Court.

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Within five days of receiving this Order, The Foster Defendants shall provide,

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by fax or email, to the Court and to Plaintiff’s counsel, current contact

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information for telephone, mail/delivery, e-mail, and fax.

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6.

The Foster Group, Inc. must retain new counsel and its new counsel must file

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a notice of appearance within 45 days of the entry of this order. Since a

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corporation1 cannot represent itself, if The Foster Group, Inc. does not obtain

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counsel, the Court may enter a default judgment against it and may dismiss its

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counterclaim for failure to prosecute.

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7.

All parties shall appear for a status conference on Tuesday, February 21, at
4:00 p.m.

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IT IS SO ORDERED.

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Dated: December 28, 2011
HONORABLE BARRY TED MOSKOWITZ
United States District Judge

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It appears from the record that The Foster Group, Inc. is a Maryland corporation.
See Dkt. No. 12-1 at 2 of 8 (Exhibit A to Defendants’ Answer to the Complaint).
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10cv00578 BTM (BLM)