Allied World Insurance Company v. Global Metals Corporation et al

Filing 31

ORDER Granting 27 Motion to Withdraw as Counsel by Peter B. Nichols and Matthew Stohl. The Court Grants the motion to withdraw as counsel by the law firm of Balestreri Potocki & Holmes and attorneys Matthew Stohl and Peter B. Nichols. The Clerk o f Court is instructed to file under seal in camera declarations of Peter B. Nichols and Matthew Stohl lodged with the Court dated October 22, 2015 and October 20, 2015, respectively. Attorneys are directed to Serve a copy of this Order upon Defendants and to thereafter file a proof of service indicating such service has been completed. The hearing scheduled for Friday, October 30, 2015, is Vacated. Signed by Judge Gonzalo P. Curiel on 10/27/2015. (srm)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ALLIED WORLD INSURANCE
COMPANY, a New Hampshire
corporation,

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Case No.: 15-cv-0121-GPC-JMA
ORDER GRANTING MOTION TO
WITHDRAW AS COUNSEL BY
PETER B. NICHOLS AND
MATTHEW STOHL

Plaintiff,

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v.

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GLOBAL METALS CORPORATION, a
California corporation; KEITH COE, an
individual,

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[ECF No. 27]

Defendants.

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On September 17, 2015, the law firm of Balestreri Potocki & Holmes and attorneys

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Matthew Stohl and Peter B. Nichols (collectively “Attorneys”) filed a motion for leave to

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withdraw as attorneys of record for Defendants Global Metal Corporation and Keith Coe

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(collectively “Defendants”). (ECF No. 27.) The Court instructed Attorneys to lodge with

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15-cv-0121-GPC-JMA

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the Court for in camera review declarations in support of their motion on or by October

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23, 2015. (ECF No. 29.) On October 22, 2015, Peter B. Nichols and Matthew Stohl lodged

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with the Court declarations dated October 22, 2015 and October 20, 2015, respectively.

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No opposition has been filed. The Court finds the matter suitable for disposition without

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a hearing pursuant to Civil Local Rule 7.1(d)(1). For the reasons set forth below, the Court

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GRANTS the motion to withdraw as counsel by the law firm of Balestreri Potocki &

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Holmes and attorneys Matthew Stohl and Peter B. Nichols.

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DISCUSSION

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In a civil case, the trial court has discretion whether to grant or deny a motion to

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withdraw as counsel. LaGrand v. Stewart, 133 F.3d 1253, 1269 (9th Cir. 1998). “When

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ruling on a motion to withdraw, courts may consider the disruptive impact that the

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withdrawal will have on the prosecution of the case.” Byrd v. D.C., 271 F. Supp. 2d 174,

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176 (D.D.C. 2003). In addition to the efficient and fair administration of justice, courts

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may also consider the reasons why withdrawal is sought and whether the change will

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prejudice the client and other litigants. E.g., Nehad v. Mukasey, 535 F.3d 962, 968-72 (9th

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Cir. 2008); Whiting v. Lacara, 187 F.3d 317, 320-23 (2d Cir. 1999); Rusinow v. Kamara,

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920 F. Supp. 69, 71 (D.N.J. 1996).

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Upon due consideration of written arguments of counsel and good cause appearing,

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the Court GRANTS Attorneys’ motion to withdraw as counsel. Accordingly, IT IS

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HEREBY ORDERED that Balestreri Potocki & Holmes and attorneys Matthew Stohl and

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Peter B. Nichols are terminated as attorneys of record for Defendants. The Clerk of Court

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is instructed to file under seal in camera declarations of Peter B. Nichols and Matthew

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Stohl lodged with the Court dated October 22, 2015 and October 20, 2015, respectively.

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//

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15-cv-0121-GPC-JMA

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IT IS FURTHER ORDERED that Attorneys are directed to SERVE a copy of this

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Order upon Defendants and to thereafter file a proof of service indicating such service has

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been completed.

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The hearing scheduled for Friday, October 30, 2015, is hereby VACATED.

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IT IS SO ORDERED.

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Dated: October 27, 2015

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15-cv-0121-GPC-JMA