Quick Fitting, Inc. v. Zhejiang Xingxin Aite Copper Mrg. Co. Ltd. et al

Filing 83

MEMORANDUM AND ORDER granting 66 Motion to Withdraw as Attorney. Attorney Timothy Cornell and Joseph P. Quinn terminated. So Ordered by Magistrate Judge Lincoln D. Almond on 5/23/2013. (Noel, Jeannine)

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND

QUICK FITTING, INC.
v.
ZHEJIANG XINGXIN AITE COPPER
MFG. CO., LTD, et al.

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C.A. No. 11-463L

MEMORANDUM AND ORDER

Before the Court for determination is the Renewed Motion to Withdraw as Counsel of
Record for Defendant QiFu “Frank” Xie (Document No. 66) filed by Attorneys Timothy Cornell and
Joseph Quinn. 28 U.S.C. § 636(b)(1)(A); LR Cv 72(a). For the reasons discussed below, the
Motion to Withdraw is GRANTED.
The Motion complies with the requirements of this Court’s Local Rules (LR Gen. 206(e)(2))
and indicates that withdrawal is “necessary due to an irretrievable breakdown of the attorney-client
relationship.” Additionally, moving counsel assert that the “trajectory” of this case has resulted in
a potential conflict for them because they previously represented both Mr. Xie and his former
company and co-Defendant Zhejiang Xingxin Aite Copper Mfg Ltd. (“XXAT”) in this case and
were privy to confidences from both parties. XXAT now has new counsel. Moving counsel asserts
that Mr. Xie and XXAT “could be in actual conflict in the course of this litigation.” Finally, moving
counsel represent that they have informed Mr. Xie of their intent to withdraw from the case and his
right to object, and he responded to them that “he understands the reasons for Counsels’ withdrawal
and its implications.” Mr. Xie has not presented any objection to counsels’ withdrawal to the Court
either on his own or through counsel.

Plaintiff raises several objections to the Renewed Motion to Withdraw and requests that “the
Court order Xie’s counsel to remain as counsel for Mr. Xie for so long as Mr. Xie’s present
discovery obligations remain unfulfilled.” Plaintiff’s objections to the Motion to Withdraw are not
well founded, and it provides no authority for its position that this Court should hold counsel
“hostage” until all outstanding discovery obligations are fulfilled. Further, if the representations of
counsel as to an irretrievable breakdown of the attorney-client relationship and a potential conflict
in continued representation are credited, it would seem unlikely that current counsel, in any event,
would be in a position to effectively meet those discovery obligations.
Plaintiff also raises concerns about a “reliable” address for Mr. Xie, a Chinese national. In
the renewed Motion to Withdraw, moving counsel provides both an email and physical address
provided by Mr. Xie for receipt of mailings. See Document No. 66 at p. 2. Pursuant to Local Rule
Gen. 205(c), it is ORDERED that service may be made on Mr. Xie at those addresses until either
successor counsel appears to represent Mr. Xie or he files a change of address notification with the
Court as required of pro se litigants by Local Rule Gen. 205(d)(1).
For the foregoing reasons, the Renewed Motion to Withdraw (Document No. 66) is
GRANTED. Defendant QiFu “Frank” Xie is ORDERED to either engage successor counsel and
have such counsel enter an appearance on his behalf within twenty-one days of the date of this
ORDER or file a pro se entry of appearance with the Clerk of Court which includes his original
signature, address, telephone number, email address and fax number, if any, as required by Local
Rule Gen. 205(b). Failure to comply with this ORDER may result in default of Defendant Xie as
to Plaintiff’s claims against him and dismissal of his pending counterclaims against Plaintiff.

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Finally, moving counsel are ORDERED to serve a copy of this ORDER on Mr. Xie and answer any
questions he may have about his obligations hereunder.
SO ORDERED

/s/ Lincoln D. Almond
LINCOLN D. ALMOND
United States Magistrate Judge
May 23, 2013

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