Brightwell v. McMillan Law Firm, APC The et al

Filing 69

ORDER Granting 68 Ex Parte Application to Withdraw as Counsel. Attorney Joshua Michael Heinlein terminated. Signed by Judge Thomas J. Whelan on 10/11/2017. (ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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L. LEE BRIGHTWELL,

Case No.: 16-CV-1696 W (NLS)
Plaintiff,

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v.

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ORDER GRANTING EX PARTE
APPLICATION TO WITHDRAW AS
COUNSEL [DOC. 68]

THE MCMILLAN LAW FIRM, APC,
et al.,

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Defendants.

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Pending before the Court is an ex parte application1 to withdraw as attorney of

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record for Plaintiff L. Lee Brightwell, filed by Joshua Heinlein of Dinsmore & Shohl

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LLP on September 29, 2017. [Doc. 68.] Despite service of the motion on all parties on

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September 29, 2017, no opposition has been filed. (See Certificate of Service [Doc. 68-

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2].)
“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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Mr. Heinlein styles the document as a motion. The Court interprets it as an ex parte application.

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16-CV-1696 W (NLS)

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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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Given the procedural posture of this case, Mr. Heinlein’s withdrawal will not

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prejudice the litigants in this matter, harm the administration of justice, or delay

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resolution of the case. Ms. Brightwell will continue to be represented through Mr. Joseph

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Leventhal of Dinsmore & Shohl LLP. (Heinlein Decl. [Doc. 68-1] ¶ 3.) Ms. Brightwell

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agreed to Mr. Heinlein’s withdrawal. (Id. [Doc. 68-1] ¶ 5.)
For the foregoing reasons, the Court GRANTS the application to withdraw as
counsel of record in this action for Plaintiff Brightwell. [Doc. 68.]

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IT IS SO ORDERED.
Dated: October 11, 2017

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16-CV-1696 W (NLS)