McCarty et al v. United States of America et al

Filing 87

ORDER granting 83 Motion to Withdraw as Attorney for Robertshaw Controls Co. Attorney Brian A Rawers and Katherine T Weadock are withdrawn as counsel. Robertshaw is warned that, because it's an entity, it must appear through an attorney. The Court DIRECTS the Clerk of Court to serve a copy of this order onDefendant Robertshaw. Signed by Judge Larry Alan Burns on 7/16/15. (cc: Robertshaw Controls Co.) (kas)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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KAYNE MCCARTY, a minor, by and
through his Guardian ad Litem,
AMANDA McCARTY,

CASE NO. 13cv1602-LAB (JLB)
ORDER GRANTING MOTION TO
WITHDRAW

Plaintiffs,

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vs.
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UNITED STATES OF AMERICA et al.

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Defendants.

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Lewis Brisbois Bisgaard & Smith, LLP (LBBS) seeks to withdraw as counsel of record
for Defendant Robertshaw Controls Company. (Docket no. 83.) LBBS explains:

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5.

There has been a breakdown in the attorney client relationship between
LBBS and Robertshaw. LBBS has been informed that its services are
no longer needed.

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Robertshaw indicated that it would be substituting LBBS out as its
counsel [of] record.

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Robertshaw has failed to communicate with LBBS any further on this
matter despite efforts by LBBS.

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Robertshaw has not yet substituted LBBS from the case . . . .

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(Docket no. 83-1 at ¶¶ 5-8.) No opposition has been filed to the motion, or to LBBS' previous

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motion to withdraw. (Docket no. 74); (see also Docket no. 81 (explaining that the Court

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anticipated granting the withdrawal motion once it was filed publicly.))

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///
-1-

13cv1602

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"An attorney may not withdraw as counsel except by leave of court." Darby v. City of

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Torrance, 810 F.Supp. 275, 276 (C.D. Cal. 1992). Permission to withdraw is discretionary.

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Deal v. Countrywide Home Loans, 2010 WL 3702459, at *2 (N.D. Cal. Sept. 15, 2010).

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Courts should consider the following factors when ruling on a motion to withdraw: "(1) the

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reasons counsel seeks to withdraw; (2) the possible prejudice that withdrawal may cause to

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other litigants; (3) the harm that withdrawal might cause to the administration of justice; (4)

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and the extent to which withdrawal will delay resolution of the case." Id. at *3. Under the

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California Rules of Professional Conduct, an attorney may request a withdrawal if it is

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"unreasonably difficult" for counsel to carry out his employment effectively. Cal. R. Prof.

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Conduct 3–700(C)(1)(d) & (f). The breakdown in Robertshaw's relationship with LBBS

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establishes this grounds for withdrawal. The Court concludes that withdrawal will not

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prejudice litigants, harm the administration of justice, or unduly delay the resolution of the

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case. LBBS' motion to withdraw is GRANTED.

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Robertshaw is warned that, because it's an entity, it must appear through an attorney.

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D-Beam Ltd. P'ship v. Roller Derby Skates, Inc., 366 F.3d 972, 973-74 (9th Cir. 2004). If

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Robertshaw remains a defendant in this case, and isn't represented by counsel, it risks

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default judgment. The Court DIRECTS the Clerk of Court to serve a copy of this order on

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Defendant Robertshaw at the following address:

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Aaron Rachelson, Esq.
Robertshaw Controls Co.
1222 Hamilton Parkway
Itaska, IL 60143

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IT IS SO ORDERED.
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DATED: July 16, 2015
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HONORABLE LARRY ALAN BURNS
United States District Judge

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13cv1602