Dia v. County of San Diego, 3:18-cv-002676-BEN-RBB. (2019)
Court: District Court, N.D. California
Number: infdco20190805896
Visitors: 14
Filed: Aug. 02, 2019
Latest Update: Aug. 02, 2019
Summary: ORDER: GRANTING MOTION TO WITHDRAW AS COUNSEL; GRANTING MOTION FOR LEAVE TO FILE UNDER SEAL [Docs. 16, 16] ROGER T. BENITEZ , District Judge . Before the Court is attorney Clyde S. Munsell's Motion To Be Relieved As Counsel, lodged with the Court under seal. 1 [Doc. 17.] In his motion, Mr. Munsell seeks to withdraw as counsel for Plaintiff Ihab Dia, leaving him to proceed pro se. No party has responded to the motion. "An attorney may not withdraw as counsel except by leave of court, an
Summary: ORDER: GRANTING MOTION TO WITHDRAW AS COUNSEL; GRANTING MOTION FOR LEAVE TO FILE UNDER SEAL [Docs. 16, 16] ROGER T. BENITEZ , District Judge . Before the Court is attorney Clyde S. Munsell's Motion To Be Relieved As Counsel, lodged with the Court under seal. 1 [Doc. 17.] In his motion, Mr. Munsell seeks to withdraw as counsel for Plaintiff Ihab Dia, leaving him to proceed pro se. No party has responded to the motion. "An attorney may not withdraw as counsel except by leave of court, and..
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ORDER: GRANTING MOTION TO WITHDRAW AS COUNSEL; GRANTING MOTION FOR LEAVE TO FILE UNDER SEAL
[Docs. 16, 16]
ROGER T. BENITEZ, District Judge.
Before the Court is attorney Clyde S. Munsell's Motion To Be Relieved As Counsel, lodged with the Court under seal.1 [Doc. 17.] In his motion, Mr. Munsell seeks to withdraw as counsel for Plaintiff Ihab Dia, leaving him to proceed pro se. No party has responded to the motion.
"An attorney may not withdraw as counsel except by leave of court, and the decision to grant or deny counsel's motion to withdraw is committed to the discretion of the trial court." Kassab v. San Diego Police Dept., 2014 WL 12724669, at *1 (S.D. Cal. Nov. 17, 2014) (internal citations omitted). In support of his motion, Mr. Munsell attaches a declaration, which details a breakdown in the attorney-client relationship, contractual issues over fees, and significant personal reasons justifying his withdrawal. Mr. Munsell also details his unsuccessful good faith efforts to find substitute counsel for Plaintiff.
Accordingly, good cause appearing, Mr. Munsell's motion is GRANTED. Plaintiff shall have 45 days from the date of this Order to obtain new counsel. If Plaintiff does not respond to this Order within 45 days, the Court will deem Plaintiff as proceeding pro se. The Court directs the Clerk of Court to serve a copy of this Order on Plaintiff at the following address: 1510 Melrose Avenue
Apartment 131
Vista, California 92083.
IT IS SO ORDERED.
FootNotes
1. In conjunction with his sealed lodged motion, Mr. Munsell moves for leave to file his motion under seal, as is proper under the local rules. [Doc. 16.] The motion for leave to file under seal is GRANTED. Good cause exists because the motion contains highly sensitive private and personal medical information about Mr. Munsell. Because the motion at Doc. 15 appears to be duplicative, it is DENIED as moot. [Doc. 15.]
Source: Leagle
