KPG Investments, Inc. et al v. Sonn
Filing
148
ORDER denying ECF Nos. 141 , 142 Motions to Withdraw as Attorney. Signed by Magistrate Judge Carla Baldwin on 3/27/2024. (Copies have been distributed pursuant to the NEF - HL)
1
UNITED STATES DISTRICT COURT
2
DISTRICT OF NEVADA
3
***
4
KPG INVESTMENTS, INC., et al.,
5
6
7
Plaintiffs,
v.
ORDER DENYING MOTION TO
WITHDRAW AS COUNSEL
[ECF Nos. 141, 142]
MARLENA SONN, et al.,
8
Case No. 3:22-CV-00236-ART-CLB
Defendants.
9
10
Before the Court is Siegel, Yee, Brunner & Mehta (“SYBM”) and Hamilton Law’s
11
(“HL”) motion to withdraw as counsel for Defendant Marlena Sonn (“Sonn”). (ECF Nos.
12
141, 142.) The Motion states that irreconcilable differences have arisen rendering
13
effective representation impossible. (Id.) Sonn filed a declaration opposing the motion to
14
withdraw and effectively disputing that irreconcilable differences have arisen. (ECF No.
15
143.) SYBM and HL filed a reply, however, this document did not contest or otherwise
16
dispute Sonn’s representations in her declaration. (ECF No. 144.) Finally, KPG
17
Investments Inc., Kendalle Getty, Alexandra Sarah Getty, ASG Investments, Inc., Minerva
18
Office Management, Inc., and Robert L. Leberman, (collectively referred to as the “Getty
19
Parties”) filed a limited response to the motion to withdraw. (ECF No. 146.)
20
“[A]n attorney cannot withdraw from a case without consent of the court.” Lovvorn
21
v. Johnston, 118 F.2d 704, 706 (9th Cir. 1941). “Courts maintain the discretion to grant
22
or deny a motion to withdraw as counsel.” Williams v. Cnty. of Fresno, 562 F. Supp. 3d
23
1032, 1035 (E.D. Cal. 2021); see also LR IA 11-6(b) (“If an attorney seeks to withdraw
24
after appearing in a case, the attorney must file a motion or stipulation and serve it on the
25
affected client and opposing counsel. The affected client may, but is not required to, file
26
a response to the attorney's motion within 14 days of the filing of the motion, unless the
27
court orders otherwise.”).
28
When an attorney seeks leave from the court to withdraw from a case “in the
1
absence of the client's consent,” the attorney must show that “justifiable cause” exists to
2
do so. Id.; see also McGhee v. Chavez, 2023 WL 2708765, at *1 (D. Ariz. Mar. 30, 2023).
3
The Court considers four factors when ruling on a motion to withdraw: “(1) the reasons
4
why withdrawal is sought; (2) the prejudice withdrawal may cause to other litigants; (3)
5
the harm withdrawal might cause to the administration of justice; and (4) the degree to
6
which withdrawal will delay the resolution of the case.” Leatt Corp. v. Innovative Safety
7
Tech., LLC, 2010 WL 444708, at *1 (S.D. Cal. Feb. 2, 2010).
8
The Court's analysis will focus on the first factor—the reasons why withdrawal is
9
sought. Leatt Corp., 2010 WL 444708, at *1. It appears to the Court that the main reason
10
counsel feels that irreconcilable differences have arisen between them and their client, in
11
part due to a disagreement related to settlement. (See ECF No. 141.) Considering Sonn's
12
opposition to the withdrawal and her indication that she does not believe irreconcilable
13
differences exist between herself and her counsel, the Court finds that there is not a
14
compelling reason to allow counsel to withdraw against the client's wishes at this time.
15
As counsel has failed to show justifiable cause to withdraw without Sonn's consent,
16
the Court declines to grant counsel's request because doing so could result in injustice to
17
Sonn and further unnecessary delays in this litigation.
18
Accordingly, the motions to withdraw, (ECF Nos. 141, 142), are DENIED without
19
prejudice to refile at a later time if issues between counsel and Sonn persist.
20
March 27, 2024
DATED: ________________.
21
22
UNITED STATES MAGISTRATE JUDGE
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?