DK Holdings v. Miva, Inc. et al

Filing 113

ORDER Granting #112 Motion to Substitute Attorney. One LLP is now counsel of record for DK Holdings in place of Knobbe, Martens, Olson & Bear LLP. Signed by Judge Thomas J. Whelan on 11/9/2017. (jao)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DK HOLDINGS, dba DOTCOM HOST,

Case No.: 16-CV-0580 W (AGS)

Plaintiff,

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v.

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ORDER GRANTING MOTION TO
SUBSTITUTE ATTORNEY
[DOC. 112]

MIVA, INC., et al.,
Defendants.

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Pending before the Court is a motion to substitute attorney for Plaintiff DK

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Holdings. (Mot. to Substitute [Doc. 112].) Plaintiff moves to substitute One LLP for

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Knobbe, Martens, Olson, & Bear LLP. The motion bears the signatures of the

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withdrawing attorneys and the substituting attorneys. (See id.) It lacks Plaintiff’s

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signature, in violation of the Southern District’s Local Rules. See Civ. L.R. 83.3(f)(2).

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16-CV-0580 W (AGS)

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“The grant or denial of an attorney’s motion to withdraw in a civil case is a matter

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addressed to the discretion of the trial court . . . .” Washington v. Sherwin Real Estate,

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Inc., 694 F.2d 1081, 1087 (7th Cir. 1982). Factors considered in evaluating the

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application include: “1) the reasons why withdrawal is sought; 2) the prejudice

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withdrawal may cause to other litigants; 3) the harm withdrawal might cause to the

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administration of justice; and 4) the degree to which withdrawal will delay the resolution

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of the case.” CE Resource, Inc. v Magellan Group, LLC, 2009 WL 3367489, at *2 (E.D.

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Cal. Oct. 14, 2009) (citing Canandaigua Wine Co., Inc. v. Moldauer, 2009 WL 89141, at

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*1 (E.D. Cal. Jan. 14, 2009)).

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Though the motion lacks Plaintiff’s signature, it contains a representation from

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both sets of attorneys (signed by five attorneys, total) that DK Holdings has retained One

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LLP in place of Knobbe, Martens, Olson & Bear LLP. Attorneys are officers of the

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court, see Cal. Rule of Court 9.4, and it is reasonable to infer from the motion that

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Plaintiff consents to the substitution. Granting the motion would not prejudice other

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litigants, harm to the administration of justice, or delay resolution of this matter in any

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meaningful way.

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The Court GRANTS the motion. One LLP is now counsel of record for DK
Holdings in place of Knobbe, Martens, Olson & Bear LLP.

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IT IS SO ORDERED.
Dated: November 9, 2017

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16-CV-0580 W (AGS)