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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DK HOLDINGS, dba DOTCOM HOST, Case No.: 16-CV-0580 W (AGS) Plaintiff, 12 13 v. 14 ORDER GRANTING MOTION TO SUBSTITUTE ATTORNEY [DOC. 112] MIVA, INC., et al., Defendants. 15 16 17 Pending before the Court is a motion to substitute attorney for Plaintiff DK 18 Holdings. (Mot. to Substitute [Doc. 112].) Plaintiff moves to substitute One LLP for 19 Knobbe, Martens, Olson, & Bear LLP. The motion bears the signatures of the 20 withdrawing attorneys and the substituting attorneys. (See id.) It lacks Plaintiff’s 21 signature, in violation of the Southern District’s Local Rules. See Civ. L.R. 83.3(f)(2). 22 // 23 // 24 // 25 // 26 // 27 // 28 1 16-CV-0580 W (AGS) 1 “The grant or denial of an attorney’s motion to withdraw in a civil case is a matter 2 addressed to the discretion of the trial court . . . .” Washington v. Sherwin Real Estate, 3 Inc., 694 F.2d 1081, 1087 (7th Cir. 1982). Factors considered in evaluating the 4 application include: “1) the reasons why withdrawal is sought; 2) the prejudice 5 withdrawal may cause to other litigants; 3) the harm withdrawal might cause to the 6 administration of justice; and 4) the degree to which withdrawal will delay the resolution 7 of the case.” CE Resource, Inc. v Magellan Group, LLC, 2009 WL 3367489, at *2 (E.D. 8 Cal. Oct. 14, 2009) (citing Canandaigua Wine Co., Inc. v. Moldauer, 2009 WL 89141, at 9 *1 (E.D. Cal. Jan. 14, 2009)). 10 Though the motion lacks Plaintiff’s signature, it contains a representation from 11 both sets of attorneys (signed by five attorneys, total) that DK Holdings has retained One 12 LLP in place of Knobbe, Martens, Olson & Bear LLP. Attorneys are officers of the 13 court, see Cal. Rule of Court 9.4, and it is reasonable to infer from the motion that 14 Plaintiff consents to the substitution. Granting the motion would not prejudice other 15 litigants, harm to the administration of justice, or delay resolution of this matter in any 16 meaningful way. 17 18 The Court GRANTS the motion. One LLP is now counsel of record for DK Holdings in place of Knobbe, Martens, Olson & Bear LLP. 19 20 21 IT IS SO ORDERED. Dated: November 9, 2017 22 23 24 25 26 27 28 2 16-CV-0580 W (AGS)

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