Chau v. Nationwide Insurance Company of America et al
ORDER Granting 30 Motion to Withdraw as Attorney. Attorney Elliott N Kanter terminated as counsel for Plaintiff. Attorneys' are ordered to provide a copy of this order to Plaintiff, who shall provide the Court with an address on or before August 18, 2017. Signed by Judge Thomas J. Whelan on 8/8/2017. (jao)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Case No.: 16-CV-0927 W (NLS)
ORDER GRANTING ATTORNEYS’
MOTION TO WITHDRAW AS
COUNSEL FOR PLAINTIFF
COMPANY OF AMERICA,
Attorney Elliott N. Kanter and the Law Office of Elliott N. Kanter (collectively
“Attorneys”) have filed a motion to withdraw as attorney of record for Plaintiff Paul
Chau. The motion is unopposed.
“The grant or denial of an attorney’s motion to withdraw in a civil case is a matter
addressed to the discretion of the trial court . . . .” Washington v. Sherwin Real Estate,
Inc., 694 F.2d 1081, 1087 (7th Cir. 1982). Factors considered in evaluating the motion
are “1) the reasons why withdrawal is sought; 2) the prejudice withdrawal may cause to
other litigants; 3) the harm withdrawal might cause to the administration of justice; and
4) the degree to which withdrawal will delay the resolution of the case.” CE Resource,
Inc. v. Magellan Group, LLC, 2009 WL 3367489, at *2 (E.D.Cal. 2009) (citing
Canandaigua Wine Co., Inc. v. Moldauer, 2009 WL 89141, at *1 (E.D.Cal. 2009)).
16-CV-0927 W (NLS)
Attorneys contend that irreconcilable differences have arisen during this case,
which has made it “virtually impossible to properly represent Mr. Chau.” (Mot. [Doc.
30] 2:7–10.) Additionally, Attorneys contend “Mr. Chau has made promises as to
compensation for his attorney costs and fees, which have not been fulfilled.” (Id. 2:11–
12.) Mr. Chau’s failure to pay the attorneys’ fees is a sufficient ground to justify
withdrawal. See, CA ST RPC Rule 3-700(B)(f).
Additionally, there is nothing in the record suggesting that Attorneys’ withdrawal
will prejudice the litigants in this matter, will harm the administration of justice or unduly
delay the resolution of this case. Attorneys have notified and served a copy of this
motion on Mr. Chau, who was aware of the deadline for filing his opposition. (Kanter
Decl. [Doc. 46] ¶¶ 2–6.) The motion was also served on the Defendant. (Cert. of Service
[Doc. 30-2].) To date, no opposition to the motion has been filed.
For all these reasons, the Court GRANTS Attorney Elliott N. Kanter and the Law
Office of Elliott N. Kanter’s motion to withdraw as attorney of record for Plaintiff Paul
Chau [Doc. 30]. Attorneys’ are ORDERED to provide a copy of this order to Plaintiff,
who shall provide the Court with an address on or before August 18, 2017.
IT IS SO ORDERED.
Dated: August 8, 2017
16-CV-0927 W (NLS)
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