Securities And Exchange Commission v. Torchia et al
Filing
266
OPINION AND ORDER granting James M. Johnson, Sherri L. Buda and Knight Johnson, LLCs Motion to Withdraw as Counsel of Record for James A. Torchia 260 . Signed by Judge William S. Duffey, Jr on 11/10/16. (ddm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.
1:15-cv-3904-WSD
JAMES A. TORCHIA, CREDIT
NATION CAPITAL, LLC, CREDIT
NATION ACCEPTANCE, LLC,
CREDIT NATION AUTO SALES,
LLC, AMERICAN MOTOR
CREDIT, LLC, and SPAGHETTI
JUNCTION, LLC,
Defendants.
OPINION AND ORDER
This matter is before the Court on James M. Johnson, Sherri L. Buda and
Knight Johnson, LLC’s (collectively, “Knight Johnson”) Motion to Withdraw as
Counsel of Record for James A. Torchia [260] (“Motion to Withdraw”).
I.
BACKGROUND
On November 2, 2016, Knight Johnson filed its Motion to Withdraw.
Knight Johnson states it gave Mr. Torchia fourteen (14) days notice of its intention
to request permission to withdraw. On September 30, 2016, Knight Johnson
provided Mr. Torchia, by e-mail and to his home address by Federal Express
Overnight Saturday Delivery, written notice of its intent to withdraw. Knight
Johnson states its withdrawal will not delay this action, and it notes the discovery
period does not expire until the end of December 2016 and a trial date has not been
set.
II.
DISCUSSION
Under Local Rule 83.1(E)(2)(b), a motion to withdraw as counsel must
“state that the attorney has given the client fourteen (14) days prior notice of the
attorney’s intention to request permission to withdraw.” LR 83.1(E)(2)(b), NDGa.
Such notice must be served upon the client “personally or at that client’s last
known address.” Id.
Knight Johnson has met the requirements of Local Rule 83.1(E)(2)(b)
because it gave Mr. Torchia fourteen (14) days prior notice of its intent to
withdraw, and served Mr. Torchia at his last known address. Knight Johnson’s
motion is granted.
III.
CONCLUSION
For the foregoing reasons,
IT IS HEREBY ORDERED that James M. Johnson, Sherri L. Buda and
Knight Johnson, LLC’s Motion to Withdraw as Counsel of Record for James A.
Torchia [260] is GRANTED.
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SO ORDERED this 10th day of November, 2016.
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