Orff et al v. City of Imperial et al

Filing 36

ORDER Granting 35 Ex Parte Motion to Withdraw as Counsel. Within three days, Mr. Gibbs must file with the Court current contact information for Mr. Smithson, including a current: (1) phone number; (2) email address, and (3) mailing address. Upon that filing, the withdrawal will become effective. Signed by Judge Thomas J. Whelan on 2/28/2018. (jao)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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KALI ORFF, et al.,

Case No.: 17-CV-0116 W (AGS)
Plaintiffs,

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v.

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ORDER GRANTING EX PARTE
APPLICATION TO WITHDRAW AS
COUNSEL [DOC. 35]

MICHELLE KRISTOL, et al.,
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 Defendant Andrew Smithson, filed jointly by Defendant Smithson and Defense

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Counsel Michael Gibbs on February 20, 2018. [Doc. 35.] Despite the passing of more

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than a week, no opposition has been filed.
“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 the decision include: “1)

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the reasons why withdrawal is sought; 2) the prejudice withdrawal may cause to other

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litigants; 3) the harm withdrawal might cause to the administration of justice; and 4) the

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The application bears the signature of Defendant Andrew Smithson and Defense Counsel Michael
Gibbs. (Ex Parte Application [Doc. 35].) Parties style the document as a joint motion, but the Court
interprets it as an ex parte application as it lacks Plaintiffs’ counsel’s signature.

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17-CV-0116 W (AGS)

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degree to which withdrawal will delay the resolution of the case.” CE Resource, Inc. v

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Magellan Group, LLC, 2009 WL 3367489, at *2 (E.D. Cal. Oct. 14, 2009) (citing

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Canandaigua Wine Co., Inc. v. Moldauer, 2009 WL 89141, at *1 (E.D. Cal. Jan. 14,

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2009)).

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Given that the client consents to the withdrawal, that no other party has opposed

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the application to withdraw despite ample time, and that no delay or harm to the

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administration of justice is apparent, the Court will exercise its discretion to grant the ex

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parte application to withdraw as counsel.

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The application is GRANTED. [Doc. 68.] Within three days, Mr. Gibbs must file

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with the Court current contact information for Mr. Smithson, including a current: (1)

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phone number; (2) email address, and (3) mailing address.

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Upon that filing, the withdrawal will become effective.

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IT IS SO ORDERED.
Dated: February 28, 2018

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17-CV-0116 W (AGS)