Gutierrez v. Webcollex, LLC

• Court: District Court, E.D. California
• Decided: June 13, 2024
• Docket: 2:23-cv-00988
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LISA GUTIERREZ, No. 2:23-cv-00988 AC 12 Plaintiff, 13 v. ORDER 14 WEBCOLLEX, LLC, 15 Defendant. 16 17 Before the court is a motion to withdraw as counsel for defendant Webcollex, LLC, filed 18 by attorney Gregory A. Ferren. ECF No. 25. The motion seeks withdrawal not of Mr. Ferren but 19 of the law firm Gordon Rees Scully Mansukhani, LLP. Id. at 1; see also ECF No. 25-1 at 1 20 (“Current counsel of record for Webcollex, GORDON REES SCULLY MANSUKHANI, LLP 21 (‘Gordon Rees’), hereby requests leave to withdraw as its counsel.”). 22 Gordon Rees does not represent the defendant company, however; Mr. Ferren and his 23 colleague James McDaniel do. Mr. McDaniel appeared on behalf of Webcollex on September 28, 24 2023. ECF No. 9. Mr. Ferren filed a notice of appearance on May 2, 2024. ECF No. 23.1 25 Accordingly, both Mr. McDaniel and Mr. Ferren are currently counsel of record for Webcollex. 26

27 1 Although both the notice of appearance and the motion to withdraw indicate that Mr. Ferren, like Mr. McDaniel, is with Gordon Reese, the docket indicates postal and email addresses for The 28 Law Offices of Gregory A. Ferren, located in Kapolei, Hawaii. 1 || Mr. Ferren filed the instant motion to withdraw six days after appearing in this case. ECF No. 25. 2 Local Rule 182(b) provides: 3 Attorneys Within Organizations. Appearances as an attorney of record shall not be made in the name of a law firm, organization, 4 public entity, agency, or department. See Fed. R. Civ. P. 11. When an attorney is employed or retained by a law firm, organization, 5 public entity, agency, or department, however, the attorney may participate in an action... if another person employed or retained by 6 the same law firm, organization, public entity, agency, or department 4 is attorney of record in the action.

8 Because only individual attorneys practice law and may serve as counsel of record, any 9 || motion to withdraw as attorney of record must be made by the individual attorneys. A firm 10 || cannot be granted leave to withdraw because it, as an entity, was never counsel of record. 11 | For this reason, the present motion will be denied without prejudice to a motion to withdraw by 12 || counsel personally. 13 The court notes that withdrawal of counsel which leaves a corporate entity unrepresented 14 || presents special problems, because an entity may not appear in pro se but must be represented by 15 || counsel. Reading Int’, Inc. v. Malulani Grp., Ltd., 814 F.3d 1046, 1053 (9th Cir. 2016). Ifno 16 || substitute counsel appears on behalf of Webcollex, it will lose its right to defend itself and to 17 || prosecute any counterclaims in this case. Accordingly, any motion to withdraw should be 18 || accompanied by a declaration that principals and/or representatives of Webcollex have been 19 | notified of the motion (or that counsel have made diligent efforts to provide such notification to 20 || the appropriate persons). Such motion should be calendared for hearing pursuant to the Local 21 || Rules, and any principals and/or representatives of Webcollex shall have the opportunity to 22 || appear. 23 The motion to withdraw at ECF No. 25 is DENIED without prejudice to a motion brought 24 || by and on behalf of counsel of record. 25 IT IS SO ORDERED. 26 || DATED: June 12, 2024 Ctlhter— Lane 27 ALLISON CLAIRE 28 UNITED STATES MAGISTRATE JUDGE