JOHN R. TUNHEIM, Chief District Judge.
Plaintiff FurnitureDealer.net ("FurnitureDealer") objects to the Magistrate Judge's Order granting Briggs and Morgan, PA's ("Briggs") Motion to Withdraw due to a current conflict of interest. (Docket No. 194.) FurnitureDealer also requested a limited amendment to the Magistrate Judge's Order, requesting a modification of the timeline to obtain new counsel. (Docket No. 189.) Because the Magistrate Judge's Order was not clearly erroneous or contrary to law, the Court will overrule Plaintiff's objections and affirm the Magistrate Judge's Order but will grant FurnitureDealer a limited modification of the timeline to obtain new counsel.
The seeds of the current dispute sprouted when a conflict of interest was identified due to a prospective merger between Briggs and another firm, Taft Stettinius & Hollister, LLP ("Taft"), which subsequently led to a breakdown of the attorney-client relationship. (Mem. Supp. at 2, Oct. 16, 2019, Docket No. 165.) Briggs moved to withdraw as counsel for FurnitureDealer on October 16, 2019. (Mot. to Withdraw, Oct. 16, 2019, Docket No. 162.) The Magistrate Judge granted Briggs's motion. (Order at 2, 4, Nov. 7, 2019, Docket No. 182.) FurnitureDealer now objects, appearing to argue that Briggs must seek consent from Amazon to continue representing FurnitureDealer and, if Amazon declines to consent, the merged Briggs/Taft firm must no longer represent Amazon on any matter at all. (Obj. to Order at 2-3, Dec. 9, 2019, Docket No. 194.) FurnitureDealer also makes a limited objection to the timeline granted by Magistrate Judge for FurnitureDealer to obtain new counsel. (Obj. to Order at 8-10, Nov. 21, 2019, Docket No. 189.)
"The standard of review applicable to an appeal of a Magistrate Judge's order on nondispositive pretrial matters is extremely deferential." Roble v. Celestica Corp., 627 F.Supp.2d 1008, 1014 (D. Minn. 2007). The Court will reverse such an order only if it is "clearly erroneous or contrary to law." 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. 72(a); D. Minn. LR 72.2(a)(3).
The Court finds no error in the Magistrate Judge's decision to allow Briggs to withdraw as counsel. "The decision to allow counsel to withdraw is left to the discretion" of the Court. Fleming v. Harris, 39 F.3d 905, 908 (8
Further, the cases cited by FurnitureDealer in their objection are inapplicable and do not establish that the Magistrate Judge's Order is contrary to law. The cases FurnitureDealer relies on deal with situations where a law firm attempts to litigate against a former client in a different matter, or when a law firm attempts to represent two clients adverse to each other in the same matter.
Additionally, the Court finds no error in the timeline set forth by the Magistrate Judge's Order.
Based on the foregoing, and all the files, records, and proceedings herein,