Rebecca Bamberger Works, LLC v. Bamberger

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 REBECCA BAMBERGER WORKS, Case No.: 24-CV-706 JLS (DDL) LLC d/b/a BAM COMMUNICATIONS, a 12 Delaware limited liability company; ORDER (1) APPROVING 13 LLORENTE & CUENCA USA, INC., a DEFENDANTS’ NOTICE OF Delaware corporation; and LLORENTE & SUBSTITUTION OF COUNSEL, 14 CUENCA MADRID S.L., a foreign AND (2) GRANTING MOVANT’S 15 corporation, MOTION TO WITHDRAW AS COUNSEL 16 Plaintiffs,

17 v. (ECF Nos. 126, 127) 18 REBECCA BAMBERGER, an individual; RBW HOLDCO, INC., a California 19 corporation; BAM BY BIG LLC, a 20 California limited liability company; and DOES 1 through 20, 21 Defendants. 22 23

24 REBECCA BAMBERGER, an individual; RBW HOLDCO, INC., a California 25 corporation; and BAM BY BIG LLC, a 26 California limited liability company, 27 Counterclaimants, 28 1 v. 2 REBECCA BAMBERGER WORKS, LLC d/b/a BAM COMMUNICATIONS, a 3 Delaware limited liability company; 4 LLORENTE & CUENCA USA, INC., a Delaware corporation; and LLORENTE & 5 CUENCA MADRID S.L., a foreign 6 corporation, 7 Counterdefendants 8 9 10 Presently before the Court are Defendants Rebecca Bamberger; RBW Holdco, Inc.; 11 and BAM by BIG LLC’s (collectively, “Defendants”) Notice of Substitution of Counsel 12 (“Notice,” ECF No. 126) and Movant Minerva Law LLP’s Motion to Withdraw as Counsel 13 for Defendants Michael Melvin and Jillian Veglahn (“Mot. to Withdraw,” ECF No. 127). 14 As to the Notice of Substitution of Counsel, pursuant to Civil Local Rule 83.3(f)(2), 15 Defendants ask the Court to allow a substitution of attorney—with Mr. C. William 16 Turnbow of Turnbow Law Firm, APC to replace David H. Lichtenstein, Lee E. 17 Hejmanowski, and Joseph M. Radochonski of Caldarelli Hejmanowski Page & Leer, LLP. 18 Good cause appearing, the Court APPROVES the substitution of attorney. 19 As to the Motion to Withdraw, Movant asks the Court for leave to withdraw as 20 counsel for Defendants Michael Melvin and Jillian Veglahn, seeing as this case was closed 21 on January 6, 2025, and any lingering disputes over enforcement of the settlement 22 agreement—over which the Court retained jurisdiction—have “nothing to do with either 23 Melvin or Veglahn.” Mot. to Withdraw at 3. Movant represents that it informed Melvin 24 and Veglahn of the termination of their representation on January 16, 2025, and that neither 25 Melvin nor Veglahn intends to continue the attorney-client relationship any further in this 26 matter. Id. With its clients’ consent, Movant wishes to withdraw as counsel. Id. at 4. 27 “An attorney may not withdraw as counsel except by leave of court, and the decision 28 to grant or deny counsel’s motion to withdraw is committed to the discretion of the trial 1 ||court.” Beard v. Shuttermart of Cal., Inc., No. O7CV594WQH (NLS), 2008 WL 410694, 2 || at *2 (S.D. Cal. Feb. 13, 2008) (citation modified). “In ruling on a motion to withdraw as 3 ||counsel, courts consider: (1) the reasons why withdrawal is sought; (2) the prejudice 4 || withdrawal may cause to other litigants; (3) the harm withdrawal might cause to the 5 administration of justice; and (4) the degree to which withdrawal will delay the resolution 6 ||of the case.” Leatt Corp. v. Innovative Safety Tech., LLC, No. 09-CV-1301-IEG (POR), 7 |}2010 WL 444708, at *1 (S.D. Cal. Feb. 2, 2010) (citing Beard, 2008 WL 410694, at *2). 8 Here, good cause exists to grant Movant’s Motion. This case has concluded, and the 9 Court detects no risk of prejudice to any other litigants or the administration of justice at 10 large. Because Melvin and Veglahn have consented to Movant’s withdrawal, the Court 11 || GRANTS the withdrawal request. 12 Accordingly, the Court APPROVES Defendants’ Notice of Substitution of Counsel 13 || (ECF No. 126) and GRANTS Movant’s Motion to Withdraw as Counsel (ECF No. 127). 14 || The Clerk of the Court SHALL update the docket to reflect the withdrawal of Minerva 15 ||Law LLP as counsel for Michael Melvin and Jillian Veglahn and SHALL remove it from 16 CM/ECF service list for this matter. 17 IT IS SO ORDERED. 18 |! Dated: May 30, 2025 tt 19 pen Janis L. Sammartino 20 United States District Judge 21 22 23 24 25 26 27 28