Rebecca Bamberger Works, LLC v. Bamberger

Summary

The United States District Court for the Southern District of California denied without prejudice defense counsel’s motion to withdraw, finding insufficient cause and potential prejudice to the individual and entity defendants. The court struck Rebecca Bamberger’s motion to compel return of business materials because it was filed without obtaining a hearing date and did not comply with applicable local procedures. The court set a status conference for May 28, 2025, concerning enforcement of the parties’ settlement agreement.

Holdings

1. The court denied the motion to withdraw without prejudice because counsel had not shown good cause and withdrawal presented an appreciable risk of prejudice to the individual defendant and the corporate co-defendants.
2. The court struck the motion to compel because it was filed without first obtaining a hearing date and did not comply with the district's procedures for ex parte motions.

Questions Presented

1. Whether defense counsel established good cause for withdrawal when the represented defendants included corporate entities and the individual defendant sought to proceed on a motion potentially affecting the entities' interests.
2. Whether the motion to compel should be considered when it was filed without first obtaining a hearing date and without complying with the district's procedures for ex parte motions.

Disposition

other