4WEB, Inc. v. NuVasive, Inc.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 4WEB, INC. v. 4WEB, LLC, Case No.: 24-CV-1021 JLS (MMP)

12 Plaintiffs, ORDER GRANTING MOVANT’S 13 v. MOTION TO WITHDRAW

14 NUVASIVE, INC., (ECF No. 142) 15 Defendant. 16 17 Presently before the Court is Movant Robins Kaplan LLP’s (the “Firm”) Motion to 18 Withdraw Rajin S. Olson (“Mot.,” ECF No. 142). The Firm is the law firm that represents 19 Plaintiffs 4WEB, Inc. and 4Web, LLC (collectively, “4Web”) in this matter. Neither 4Web 20 nor Defendant NuVasive, Inc. has filed a response to the Motion. See generally Docket. 21 “An attorney may not withdraw as counsel except by leave of court, and the decision 22 to grant or deny counsel’s motion to withdraw is committed to the discretion of the trial 23 court.” Beard v. Shuttermart of Cal., Inc., No. 07CV594WQH (NLS), 2008 WL 410694, 24 at *2 (S.D. Cal. Feb. 13, 2008) (alterations, citations, and internal quotation marks 25 omitted). “In ruling on a motion to withdraw as counsel, courts consider: (1) the reasons 26 why withdrawal is sought; (2) the prejudice withdrawal may cause to other litigants; (3) the 27 harm withdrawal might cause to the administration of justice; and (4) the degree to which 28 withdrawal will delay the resolution of the case.” Leatt Corp. v. Innovative Safety Tech., 1 LLC, No. 09-CV-1301-IEG (POR), 2010 WL 444708, at *1 (S.D. Cal. Feb. 2, 2010) 2 (citing Beard, 2008 WL 410694, at *2). 3 Here, good cause exists to grant the Firm’s Motion. The Firm seeks to withdraw 4 ||Rajin S. Olson, one of half a dozen attorneys representing 4Web on behalf of the Firm, as 5 ||}counsel and remove him from the CM/ECE service list. Mot. at 1. The Firm provides no 6 || rationale motivating its request, but the Court finds a low risk of prejudice to other litigants 7 || and an unlikelihood that Mr. Olson’s withdrawal will adversely impact the administration 8 || of justice or timely resolution of this matter. 9 Accordingly, the Court GRANTS the Firm’s Motion (ECF No. 142). The Clerk of 10 Court SHALL update the docket to reflect the withdrawal of Rajin S. Olson as counsel 11 Plaintiffs and SHALL remove him from the CM/ECF service list for this matter. 12 IT IS SO ORDERED. 13 |! Dated: March 17, 2025 psi LL. Li mmaiten- 14 on. Janis L. Sammartino 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28