Friday, May 16, 2014

Counsel’s Motion to Withdraw Denied Given Proximity of Trial

The court denied plaintiff's counsel's motion to withdraw with its client's consent, due to plaintiff's inability to pay its fees. "This court is quite sympathetic to the idea that attorneys ordinarily should not be made to work for free. But here two key factors weigh against granting [counsel's] withdrawal request. First, no other attorneys have appeared for [plaintiff]. . . . Second, trial is upon us. . . . And rescheduling the trial would simply shift the burden to [defendant], which hardly would be fair. With great reluctance, and full appreciation of the sacrifice required by counsel, the court must deny the motion to withdraw."

Golden Bridge Technology Inc. v. Apple Inc. et al, 5-12-cv-04882 (CAND May 14, 2014, Order) (Grewal, M.J.)

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