Nursa, Inc. v. Optima Care Jersey City LLC dba Optima Care Harborview; and Does I–X

Summary

The United States District Court for the District of Utah grants defense counsel’s unopposed motion to withdraw from representing Optima Care Jersey City LLC. The court denies Optima’s Rule 56(d) motion to defer consideration of Nursa’s pending motion for summary judgment, finding that Optima had not diligently pursued discovery and that its stated reasons for delay were no longer applicable.

Holdings

1. The court may permit withdrawal of counsel in a civil case when, considering the relevant circumstances, withdrawal is appropriate and supported by good cause. The court granted counsel's unopposed motion to withdraw.
2. Optima was not entitled to defer consideration of the summary-judgment motion because it failed to provide an adequate reason for deferral and had not diligently pursued the requested discovery.

Questions Presented

1. Whether Optima's counsel should be permitted to withdraw from representation under the applicable local rule and discretionary factors.
2. Whether Optima satisfied Federal Rule of Civil Procedure 56(d) so that the court should defer ruling on Nursa's pending motion for summary judgment.

Disposition

other