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Orchard Enterprise, Inc. v. TufAmerica

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 10, 2009

THE ORCHARD ENTERPRISE, INC., A DELAWARE CORPORATION, PLAINTIFF,
v.
TUFAMERICA, INC., A NEW YORK CORPORATION, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER*fn1

Defendant's attorney's motion to withdraw as Defendant's counsel, filed June 26, 2009, is denied since the movant's conclusory statements that "[a] substantial strategic difference of opinion, [and] breakdown of attorney client communication," do not justify granting the motion. Moreover, Defendant would be prejudiced if the motion is granted because a corporation "can only appear in [this] court proceeding only through an attorney at law." In re Highley, 459 F.2d 554, 555 (9th Cir. 1972); see also L.R. 85-183(a) ("A corporation or other entity may appear only by an attorney."); Lindsey v. Admiral Ins. Co., 804 F. Supp. 47, 52 (N.D. Cal. 1992) (noting a corporation "cannot appear pro per."). This prejudice is not discussed in the motion. Further, it has not been shown why counsel should be allowed to withdraw when trial is scheduled to commence on October 27, 2009.


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