Waste Action Project v. Astro Auto Wrecking, LLC

Filing 115

ORDER granting Defendant's 110 MOTION to Withdraw as Attorney. Signed by U.S. District Judge John C. Coughenour. (SR)

THE HONORABLE JOHN C. COUGHENOUR

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9

WASTE ACTION PROJECT,

10
11
12

v.

Plaintiff,

CASE NO. C15-0796-JCC
ORDER

ASTRO AUTO WRECKING, LLC,

13

Defendant.

14
15

This matter comes before the Court on defense counsel’s motion for leave to withdraw

16

(Dkt. No. 110). Having thoroughly considered the parties’ briefing, the Court hereby GRANTS

17

the motion for the reasons explained herein.

18

After a four-day bench trial, this Court entered judgment in favor of Plaintiff in this case.

19

(Dkt. No. 98.) This was over five years ago. (Id.) Defense counsel now moves to withdraw,

20

stating the only remaining involvement between the parties involves compliance with the Court’s

21

previous Order, and counsel is no longer willing or able to represent Defendant in this capacity.

22

(Dkt. No. 110.) Plaintiff opposes the motion, alleging Defendant continues to violate the Court’s

23

previous orders and further litigation may ensue. (Dkt. No. 112.)

24

LCR 83.2(b)(4) requires a business entity be represented by counsel. If the attorney for a

25

business entity seeks to withdraw, “the attorney shall certify that he or she has advised the

26

business entity that it is required by law to be represent by an attorney admitted to practice
ORDER
C15-0796-JCC
PAGE - 1

1

before this court and that failure to obtain a replacement attorney by the date the withdrawal is

2

effective may result in . . . entry of default against the business entity as to any claims of other

3

parties.” LCR 83.2(b)(4).

4

Here, defense counsel has certified to the Court that he has provided Defendant the

5

requisite notice. (Dkt. No. 114.) Additionally, there is no currently pending item in this matter

6

before the Court. And it would be unjust to require Defendant’s counsel to stay on the case

7

indefinitely based on the possibility of future litigation. Therefore, defense counsel’s motion

8

(Dkt. No. 110) is GRANTED.

9

DATED this 7th day of October 2022.

A

10
11
12

John C. Coughenour
UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
ORDER
C15-0796-JCC
PAGE - 2