Amazon.com Inc et al v. Wong et al

Filing 76

ORDER granting Mr. Rosenbaum and Mr. Hansen's 73 Renewed Motion to Withdraw as Attorneys. Mr. Wong is now proceeding pro se in this matter unless or until new counsel makes an appearance on his behalf. Signed by Judge James L. Robart. (LH) (Updated Defendant Wong's address on docket) (cc: Defendant Wong via US mail)

Case 2:19-cv-00990-JLR Document 76 Filed 05/10/22 Page 1 of 3

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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AMAZON.COM, INC., et al.,

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Plaintiffs,

v.

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ORDER ON RENEWED MOTION
TO WITHDRAW

CHUN WONG, et al.,
Defendants.

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CASE NO. C19-0990JLR

Before the court is a renewed motion to withdraw as counsel for Defendant Chun

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Wong filed by attorneys Cory J. Rosenbaum and Stephen M. Hansen. (Renewed Mot.

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(Dkt. # 73).) Mr. Rosenbaum and Mr. Hansen seek to withdraw as Mr. Wong’s counsel

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due to his “failure to communicate and assist in the defense of the pending litigation.”

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(See id. at 1.) In support of their renewed motion, Mr. Rosenbaum provides a declaration

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documenting the reasonable, but ultimately unsuccessful, efforts he and Mr. Hansen

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made to get Mr. Wong to participate in discovery. (See Rosenbaum Decl. (Dkt. # 74)

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¶¶ 3-8.) Mr. Rosenbaum represents that he and Mr. Hansen have, at this point,
ORDER - 1

Case 2:19-cv-00990-JLR Document 76 Filed 05/10/22 Page 2 of 3

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“exhausted” their efforts in that regard. (See id. ¶ 3.) Plaintiffs Amazon.com, Inc.

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(“Amazon”) and Nite Ize, Inc. (“Nite Ize”) (collectively, “Plaintiffs”) have not opposed

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Mr. Rosenbaum and Mr. Hansen’s renewed motion to withdraw. (See generally Dkt.)

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An attorney seeking to withdraw from a case in a manner that will leave a party to

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the case unrepresented must seek the court’s leave to do so by filing a motion. See Local

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Rules W.D. Wash. LCR 83.2(b)(1). The motion must contain a certification that it “was

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served on the client and opposing counsel,” and must also provide the client’s “address

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and telephone number.” Id. Mr. Rosenbaum and Mr. Hansen have met the requirements

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of the Local Civil Rules. They provide the declaration of Leslie Gillis, an attorney at Mr.

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Rosenbaum’s law firm, who certifies that she provided Mr. Wong with copies of the

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renewed motion, Mr. Rosenbaum’s supporting declaration, and the proposed order. (See

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Gillis Decl. (Dkt. # 75) ¶¶ 2-3.) Mr. Rosenbaum and Mr. Hansen also provide Mr.

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Wong’s current contact information, as required by the court’s Local Civil Rules. (See

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Renewed Mot. at 3); see also Local Rules W.D. Wash. LCR 83.2(b)(1). Plaintiffs

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received notice of the renewed motion through the court’s CM/ECF filing system. (See

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Renewed Mot. at 3.) Additionally, Mr. Rosenbaum and Mr. Hansen have good cause for

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withdrawing their representation based on the evident breakdown in communication with

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Mr. Wong and his refusal to participate in his own defense. See Wash. RPC 1.16(b)(5)

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(permitting withdrawal if “the client fails substantially to fulfill an obligation to the

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lawyer regarding the lawyer’s services and has been given reasonable warning that the

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lawyer will withdraw unless the obligation is fulfilled”); (see also Rosenbaum Decl. ¶ 7

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(“On March 24, 2022, I specifically spoke to [Mr.] Wong advising if there was no
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Case 2:19-cv-00990-JLR Document 76 Filed 05/10/22 Page 3 of 3

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cooperation or efforts on his behalf relative to the Court’s rulings and Orders we would

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be forced to withdraw.”)).

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For the foregoing reasons, Mr. Rosenbaum and Mr. Hansen’s renewed motion for

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leave to withdraw as counsel for Mr. Wong (Dkt. # 73) is GRANTED. Mr. Wong is now

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proceeding pro se in this matter unless or until new counsel makes an appearance on his

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behalf. The Clerk is thus DIRECTED to update Mr. Wong’s contact information on the

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docket and mail a copy of this order to:

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Chun Wong
92 Boswell Road
Markham, Ontario L6B 0M5
Canada
647-300-1168
Email: [e-mail]
Unless or until new counsel makes an appearance on Mr. Wong’s behalf, all future
filings in this case shall be served on Mr. Wong at the above address.
Dated this 10th day of May, 2022.

A

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JAMES L. ROBART
United States District Judge

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ORDER - 3