Certified Nutraceuticals Inc. v. The Clorox Company et al

Filing 11

ORDER Granting 8 Motion to Withdraw and Substitute Attorney. Attorney Daniel Scott Silverman terminated. DLA Piper LLP is now counsel of record for Neocell Holding Company in place of Venable LLP. Signed by Judge Thomas J. Whelan on 6/25/2018. (jao)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CERTIFIED NUTRACEUTICALS, INC.,

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Plaintiff,

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ORDER APPROVING
SUBSTITUTION OF ATTORNEY
[DOC. 8]

v.

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Case No.: 18-CV-0744 W (KSC)

THE CLOROX COMPANY, et al.,
Defendants.

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Defendant Neocell Holding Company has filed a motion to substitute attorney.

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(Mot. to Substitute Attorney [Doc. 8].) Defendant moves to substitute DLA Piper LLP

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for Venable LLP. The motion bears the signatures of the withdrawing attorney, the

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substituting attorney, and a signature for a representative of Defendant. (Id.) See Civ.

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L.R. 83.3(f)(2).

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18-CV-0744 W (KSC)

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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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Granting the substitution would not prejudice other litigants, harm to the
administration of justice, or delay resolution of this matter in any meaningful way.
Good cause appearing, the Court GRANTS the motion. DLA Piper LLP is now
counsel of record for Neocell Holding Company in place of Venable LLP.

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IT IS SO ORDERED.
Dated: June 25, 2018

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18-CV-0744 W (KSC)