Filed: Jan. 10, 2020
Latest Update: Jan. 10, 2020
Summary: ORDER GRANTING ATTORNEYS' MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANTS THOMAS J. WHELAN , District Judge . Attorney Andres F. Quintana, Attorney John M. Houkom, and the law firm of Quintana Law Group, APC (collectively, "QLG") have filed a motion to withdraw as attorney of record for Defendants Patricia Prudhomme and J6 Development, LLC (the "Clients"). 1 The motion is unopposed. "The grant or denial of an attorney's motion to withdraw in a civil case is a matter addressed to the discreti
Summary: ORDER GRANTING ATTORNEYS' MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANTS THOMAS J. WHELAN , District Judge . Attorney Andres F. Quintana, Attorney John M. Houkom, and the law firm of Quintana Law Group, APC (collectively, "QLG") have filed a motion to withdraw as attorney of record for Defendants Patricia Prudhomme and J6 Development, LLC (the "Clients"). 1 The motion is unopposed. "The grant or denial of an attorney's motion to withdraw in a civil case is a matter addressed to the discretio..
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ORDER GRANTING ATTORNEYS' MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANTS
THOMAS J. WHELAN, District Judge.
Attorney Andres F. Quintana, Attorney John M. Houkom, and the law firm of Quintana Law Group, APC (collectively, "QLG") have filed a motion to withdraw as attorney of record for Defendants Patricia Prudhomme and J6 Development, LLC (the "Clients").1 The motion is unopposed.
"The grant or denial of an attorney's motion to withdraw in a civil case is a matter addressed to the discretion of the trial court . . . ." Washington v. Sherwin Real Estate, Inc., 694 F.2d 1081, 1087 (7th Cir. 1982). Factors considered in evaluating the motion are "1) the reasons why withdrawal is sought; 2) the prejudice withdrawal may cause to other litigants; 3) the harm withdrawal might cause to the administration of justice; and 4) the degree to which withdrawal will delay the resolution of the case." CE Resource, Inc. v. Magellan Group, LLC, 2009 WL 3367489, at *2 (E.D.Cal. 2009) (citing Canandaigua Wine Co., Inc. v. Moldauer, 2009 WL 89141, at *1 (E.D.Cal. 2009)).
QLG contends irreconcilable differences have arisen during this case, in which "the Clients have, by their conduct, rendered it unreasonably difficult for QLG to effectively represent them." (Mot. [Doc. 31] 6:14-15.) Additionally, QLG contends "the Clients are in material breach of the Agreement by failing and refusing to cooperate with QLG's efforts on their behalf and failure to pay QLG's fees." (Id. 7:17-21.) The Clients' failure to pay the attorneys' fees is a sufficient ground to justify withdrawal. See, CA ST RPC Rule 3-700(B)(f).
Additionally, there is nothing in the record suggesting that QLG's withdrawal will prejudice the other litigants in this matter, will harm the administration of justice or unduly delay the resolution of this case. QLG has notified and served a copy of this motion on the Clients and advised them to seek alternate counsel. (Houkom Decl. [Doc. 31] ¶ 8.) The motion was also served on the Plaintiffs. (Cert. of Service [Doc. 31-12].) To date, no opposition to the motion has been filed.
For all these reasons, the Court GRANTS Attorney Andres F. Quintana, Attorney John M. Houkom, and the law firm of Quintana Law Group, APC's motion to withdraw as attorneys of record for Defendants Patricia Prudhomme and J6 Development, LLC [Doc. 31] and ORDERS AS FOLLOWS:
1. QLG shall ensure service of a copy of this order to Defendants Patricia Prudhomme and J6 Development, LLC.
2. Defendants Patricia Prudhomme and J6 Development, LLC shall provide the Court with their address on or before January 24, 2020.
3. As a corporation, Defendant J6 Development, LLC, cannot appear pro se in federal court and must appear through licensed counsel. United States v. High Country Broad. Co., 3 F.3d 1244, 1245 (9th Cir. 1993). Accordingly, this matter is STAYED until February 25, 2020 to allow J6 Development, LLC an opportunity to find replacement counsel.
Upon the expiration of the stay, this Court shall issue a ruling on Plaintiffs' motion for default judgment against Defendant J6 Development, LLC.
IT IS SO ORDERED.