Green Oak Hedge Fund v. Hopkinson et al

Filing 102

MEMORANDUM DECISION denying 100 Motion to Withdraw as Attorney. Signed by Judge Ted Stewart on 08/18/2009. (asp)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

GREEN OAK HEDGE FUND, Plaintiff, MEMORANDUM DECISION AND ORDER DENYING MOTION TO W ITHDRAW AS COUNSEL

vs.

RICK HOPKINSON, ELITE TRADING INTERNATIONAL, et al., Defendants.

Case No. 2:06-CV-636 TS

Counsel for Defendant Elite Trading International moves to withdraw because (1) his client has not paid him and a principal of his client may be filing for protection under the Bankruptcy laws. The Court will deny the Motion for the following reasons. First, there is no compliance with DUCivR 83-1.4(a)(1) and (2) regarding consent or the matters to be provided absent consent. Second, there is no compliance with DUCivR 83-1.4(a)(3). This case has been scheduled for trial for over a year, a trial date that is rapidly approaching. Yet there is no certification that if counsel withdraws new counsel will be prepared for trial. Finally, the Court notes that if Defendant Elite Trading International files bankruptcy,

1

current counsel, or the bankruptcy counsel should notify the Court in this case by filing a Suggestion of Bankruptcy or otherwise. It is therefore ORDERED that the Motion to Withdraw (Docket No. 100) is DENIED. DATED August 18, 2009. BY THE COURT:

_____________________________________ TED STEWART United States District Judge

2