UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
January 29, 2008
STEVE KASSAB, PLAINTIFF,
SAN DIEGO POLICE DEPARTMENT, A MUNICIPAL CORPORATION, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Hayes, Judge
On December 26, 2007, Attorney John G. Nowakowski filed a Motion to Withdraw as Counsel of Record for Plaintiff Steve Kassab. (Doc. # 33). John G. Nowakowski declares that he moves to withdraw because "good grounds for withdrawal exists under one of [sic] more of the grounds specified in both the California Code of Professional Responsibility and the American Bar Association Model Rules of Professional Conduct." Mot. to Withdraw, p. 2.
Defendants do not oppose the Motion to Withdraw as Counsel.
An attorney may not withdraw as counsel except by leave of court. Darby v. City of Torrance, 810 F.Supp. 275, 276 (C.D. Cal. 1992). "The decision to grant or deny counsel's motion to withdraw is committed to the discretion of the trial court." Irwin v. Mascott, 2004 U.S. Dist. LEXIS 28264 (N.D. Cal. December 1, 2004), citing Washington v. Sherwin Real Estate, Inc., 694 F.2d 1081, 1087 (7th Cir. 1982). Among other things, courts ruling upon motions to withdraw as counsel have considered, (1) the reasons why withdrawal is sought; (2) the prejudice withdrawal may cause to other litigants; (3) the harm withdrawal might cause to the administration of justice; and (4) the degree to which withdrawal will delay the resolution of the case.
Irwin, 2004 U.S. Dist. LEXIS 28264 at 4.
After reviewing the record and the reasons for withdrawal noted by Attorney John G. Nowakowski, the Court concludes that there is good cause to grant John G. Nowakowski's Motion to Withdraw as Counsel. The Court further concludes that the withdrawal will not prejudice justice or unduly delay resolution of the case.
IT IS HEREBY ORDERED that the Motion to Withdraw as Counsel of Record (Doc. # 33), filed by John G. Nowakowski, is GRANTED.
IT IS FURTHER ORDERED that Plaintiff has until Friday, February 29, 2008 to obtain new counsel. If Plaintiff does not respond to this Order by Friday, February 29, 2008, the Court will deem Plaintiff as proceeding pro se.
The Court directs the Clerk of the Court to serve Plaintiff Steve Kassab with a copy of this Order by mail at the following address:
4101 Market Street San Diego, CA 92102
WILLIAM Q. HAYES United States District Judge
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