Street v. Kijakazi

Opinion

1 2 3 7 8 CHARLENE J. STREET, Case No. 5:21-cv-05697-EJD

9 Plaintiff, ORDER GRANTING MOTION TO WITHDRAW 10 v.

11 KILOLO KIJAKAZI, Re: Dkt. No. 17 Defendant. 12

13 Plaintiff Charlene J. Street’s counsel, Harvey P. Sackett, moves to withdraw as counsel of 14 record. See Dkt. No. 17. For the foregoing reasons, the Court GRANTS Mr. Sackett’s motion to 15 withdraw. 16 In ruling on a motion to withdraw as counsel, courts consider (1) the reasons why 17 withdrawal is sought; (2) the prejudice withdrawal may cause to other litigants; (3) the harm 18 withdrawal might cause to the administration of justice; and (4) the degree to which withdrawal 19 will delay the resolution of the case. See N.D. Cal. Civ. L.R. 11-5. In this Circuit, the California 20 Rules of Professional Conduct govern the conduct of attorneys, including the withdrawal of 21 counsel. See N.D. Cal. Civ. L.R. 11-4(a)(1); see also Nehad v. Mukasey, 535 F.3d 962, 970 (9th 22 Cir. 2008) (applying California Rules of Professional Conduct to attorney withdrawal). 23 Withdrawal is appropriate when the client’s conduct renders it unreasonably difficult for the 24 [attorney] to carry out the employment effectively. See Cal. R. Prof. Conduct 3-700(C)(1)(d). Mr. 25 Sackett declares that he and Plaintiff have had a breakdown in communication and that, as a result, 26 he can no longer continue to represent Plaintiff effectively. See Dkt. No. 17-1. The Court 27 provided Plaintiff with an opportunity to submit a response, but she declined to do so, as did 1 opposing counsel. See Dkt. Nos 20, 21. The Court thus determines that any prejudice is minimal 2 and the reason for withdrawal is permissible. The Court GRANTS Mr. Sackett’s motion to 3 withdrawal. 4 The Court will provide Plaintiff sixty days to retain new counsel. During this time period, 5 the scheduling order will be held in abeyance. Any new counsel retained during this period shall 6 || immediately file a notice of appearance with the Court. During this period, Mr. Sackett must 7 accept papers for forwarding to Plaintiff, unless new counsel is secured. 9 Dated: February 28, 2022. 10 eo. EDWARD J. DAVILA 12 United States District Judge

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Z 18 19 20 21 22 23 24 25 26 27 28 || Case No.: 5:21-cv-05697-EJD ORDER GRANTING MOTION TO WITHDRAW