Aegis Therapies, Inc. v. Dycora Transitional Health – Clovis LLC, et al.

Summary

The United States District Court for the Eastern District of California addresses Sheppard, Mullin, Richter & Hampton LLP’s motion to withdraw as counsel for several Sweetwater third-party claimants. The court resets the hearing, requires a supplemental affidavit providing the claimants’ current or last known addresses and other contact information, and requires proof of service. The court also directs representatives of the claimants to appear and notes that the entities must retain counsel if withdrawal is granted.

Holdings

1. A motion to withdraw as counsel is a non-dispositive motion subject to handling by the magistrate judge under E.D. Cal. Local Rule 302(a).
2. Before the court may grant leave to withdraw, counsel must comply with E.D. Cal. Local Rule 182(d), including providing an affidavit stating the client's current or last known address and the efforts made to notify the client of the withdrawal motion.
3. If withdrawal is permitted, each corporate or unincorporated-entity third-party claimant must retain new counsel to litigate matters in the case.

Questions Presented

1. Whether the motion to withdraw as counsel should be handled by the assigned magistrate judge as a non-dispositive motion under E.D. Cal. Local Rule 302(a).
2. Whether counsel's motion to withdraw complied with E.D. Cal. Local Rule 182(d), including the requirement to provide the clients' current or last known addresses and efforts made to notify them.
3. What additional notice and service measures were required before the court could decide the withdrawal motion.
4. Whether the corporate and unincorporated-entity third-party claimants would be required to retain new counsel if withdrawal were granted.

Disposition

other