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Charity Mae Pantalion v. Resmae Mortgage Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 15, 2011

CHARITY MAE PANTALION,
PLAINTIFF,
v.
RESMAE MORTGAGE CORP., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Per his Motion, Mitchell L. Abdallah of the Abdallah Law Group, P.C. ("Counsel"), seeks leave of this Court to withdraw as Plaintiff's attorney of record. According to his Motion, Plaintiff contacted Counsel and requested that he withdraw. Motion, ¶ 3. Plaintiff intends to proceed pro se and consents to Counsel's instant request. Id., ¶ 4. This Court thus finds Counsel's current Motion to be supported by good cause. California Rules of Professional Conduct 3-700(c)(5) ("[A] member may not request permission to withdraw in matters pending before a tribunal...unless such request or such withdrawal is because...[t]he client knowingly and freely assents to termination of the employment.").

Given the lack of any Opposition to Counsel's Motion, and the fact that judgment has already been entered in this case, the Court further finds no prejudice to Plaintiff or to the other parties will result due to Counsel's withdrawal. See Canandaigua Wine Co. v. Moldauer, 2009 WL 89141, *1-2 (E.D. Cal.).

In addition, this motion is governed by the requirements of Local Rule 182(d), which provides that an attorney may not withdraw, leaving the client in propria persona, absent noticed motion and an affidavit from counsel showing the efforts made to provide notification of the attorney's intent to withdraw. Counsel's Motion complies with those requirements and this request to withdraw is accordingly proper.

Because Counsel's request is procedurally correct, substantively supported and unopposed, the Motion to Withdraw is GRANTED.*fn1 Mitchell L. Abdallah of the Abdallah Law Group, P.C., is relieved as counsel of record for Plaintiff effective upon the filing of proof of service of this signed order on Plaintiff at her last known address, 303 W. Magnolia Street, Stockton, California 95203.

IT IS SO ORDERED.


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