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Case 2:09-cv-03934-GHK-E
1 2 3 4 5 6
Document 7
Filed 07/15/2009
Page 1 of 7
Stephen M. Doniger, Esq. (SBN 179314) Scott A. Burroughs, Esq. (SBN 235718) DONIGER / BURROUGHS APC 300 Corporate Pointe, Suite 355 Culver City, California 90230 Telephone: (310) 590-1820 Facsimile: (310) 417-3538 E-mail: [email protected] E-mail: [email protected]
7 8
Attorneys for Plaintiff DANIEL JURIN UNITED STATES DISTRICT COURT
9
CENTRAL DISTRICT OF CALIFORNIA
10 11 12
DANIEL JURIN
Case No.: CV 09-3934 GHK (Ex) Honorable George H. King Presiding
13
Plaintiff,
14
vs. 15 16
GOOGLE, INC., et al.
17
Defendants.
NOTICE OF MOTION AND MOTION TO WITHDRAW AS COUNSEL; DECLARATION OF SCOTT A. BURROUGHS, ESQ. DATE: August 10, 2009 TIME: 9:30 a.m. COURTROOM: 650
18 19 20 21
TO THE HONORABLE COURT, ALL PARTIES, AND THEIR COUNSEL:
22
PLEASE TAKE NOTICE that on August 10, 2009 at 9:30 a.m. or as soon
23
thereafter as the matter may be heard in the above-entitled Court, located at 255 East
24
Temple Street, Los Angeles, California, in the Courtroom 780, DONIGER /
25
BURROUGHS, APC will and hereby does move the Court to be relieved as counsel
26
of record for Plaintiff DANIEL JURIN in this action.
27 28
1 MOTION TO WITHDRAW AS COUNSEL
Case 2:09-cv-03934-GHK-E
1 2
Document 7
Filed 07/15/2009
Page 2 of 7
DANIEL JURIN IS FURTHER NOTIFIED that in order to preserve his legal rights, he should act immediately to retain new counsel in this action.
3
The basis for this Motion is that Doniger / Burroughs APC has been unable to
4
communicate effectively with its client, has a difference of opinion with its client in
5
regard to the prosecution of this case, and has been informed that the client does not
6
intend to comply with the terms of the retainer agreement.
7
This motion is made pursuant to Local Rules 83-2.9 of the United States
8
District Court for the Central District of California, relevant case authority and the
9
inherent powers of the Court to control its proceedings. This Motion is based on this
10
Notice of Motion, the attached Memorandum of Points and Authorities the
11
Declaration of Scott A. Burroughs, Esq., the pleadings and papers on file in the
12
action, and such further evidence and argument as may be received by the Court at or
13
prior to the hearing of this motion.
14
DATED: July 15, 2009
DONIGER / BURROUGHS
15 16 17
By: /S/ Scott A. Burroughs Scott A. Burroughs, Esq. Attorneys for Plaintiff
18 19 20 21 22 23 24 25 26 27 28
2 MOTION TO WITHDRAW AS COUNSEL
Case 2:09-cv-03934-GHK-E
Filed 07/15/2009
Page 3 of 7
MEMORANDUM OF POINTS AND AUTHORITIES
1 2
Document 7
I.
INTRODUCTION
3
As set forth in the Declaration of Scott A. Burroughs, Esq., in May, 2009, 4
DONIGER / BURROUGHS APC (hereinafter “the Firm”) agreed to represent Daniel 5
Jurin in connection with his claims against Google, Inc. The parties executed a 6
retainer agreement that included the terms under which the Firm would represent Mr. 7
Jurin, which included certain terms relating to the bearing of costs associated with 8
this matter. 9
On July 10, 2009, our office had an extended teleconference with Mr. Jurin 10
regarding the litigation strategy going forward. This discussion included certain 11
elements of the discovery plan, elements that we believed to be crucial to the success 12
of Mr. Jurin’s claims. There was general disagreement in this regard; and, one 13
specific element of the discovery plan, which our office considers particularly 14
integral, was objected to by Mr. Jurin. Further discussion revealed that he would not 15
support the approach advocated by our office in the manner called for in the retainer 16
agreement. 17
Additional communication transpired after this conference, and it became 18
apparent that our office and Mr. Jurin had irreconcilable differences in the way we 19
viewed the case, and its handling. As such, we informed Mr. Jurin that we would no 20
longer be able to represent his company in these proceedings, and advised him to 21
immediately seek new counsel. Give the foregoing, our office respectfully requests 22
that this Court grant this request and allow our withdrawal as counsel. 23
II.
LEGAL ARGUMENT
24
A.
GOOD CAUSE EXISTS TO PERMIT THE WITHDRAWAL
25
This request to withdraw is within the ambit of the applicable rules. Rule 426
100(c)(1)(d) of the California Rules of Professional Conduct permits an attorney to 27
seek withdrawal from representation of a client when the client “by other conduct 28
3
MOTION TO WITHDRAW AS COUNSEL
Case 2:09-cv-03934-GHK-E
Document 7
Filed 07/15/2009
Page 4 of 7
1
renders it unreasonably difficult for the member to carry out the employment
2
effectively.” In the instant case, the client has taken a stance that our office does not
3
feel will be reconcilable with our office’s intended handling of the case, and has
4
indicated that he will not honor certain provisions of the retainer. As such, our office
5
faces a severe burden if we go forward with our representation of the client, and the
6
client later fails to adhere to the terms of the retainer.
7
One of the provisions at issue relates to a financial issue. Financial issues are
8
proper grounds for an attorney to withdraw. Statue of Liberty-Ellis Island
9
Foundation, Inc. v. International United Industries, Inc., 110 FRD 395, 397
10 11
(S.D.N.Y. 1986). The recent events discussed above have damaged the attorney-client
12
relationship and greatly hindered counsel’s ability to effectively represent their
13
interests in this case. As such, we request that this motion be granted. B.
14
LEAVE TO WITHDRAW WILL NOT DELAY
15
COMPLETION OF THIS ACTION OR UNREASONABLY
16
PREJUDICE THE REPRESENTED PARTIES
17
Allowing our office’s withdrawal will not prejudice any party or the forward
18
momentum of this action. This action was only recently filed, is still in its earliest
19
stages, and the defendant has yet to file its responsive pleading. As such, no prejudice
20
will result from the granting of this request.
21 22
III.
CONCLUSION
Based on the foregoing, we submit that this motion should be granted. Respectfully submitted,
23 24
Date: July 15, 2009
DONIGER / BURROUGHS
25 26 27 28
By: /S/ Scott A. Burroughs Scott A. Burroughs, Esq. Attorneys for Plaintiff 4 MOTION TO WITHDRAW AS COUNSEL
Case 2:09-cv-03934-GHK-E
Document 7
Filed 07/15/2009
Page 5 of 7
DECLARATION OF SCOTT A. BURROUGHS, ESQ.
1
I, Scott A. Burroughs, Esq., declare and say that I am an attorney at law duly
2 3
licensed to practice in this District, and am counsel of record for Plaintiff, Daniel
4
Jurin, in this action. I make this declaration from my own personal knowledge. If called to testify, I
5 6
could and would honestly testify as to the following: 1.
7
In May of this year, our firm agreed to represent Daniel Jurin in
8
connection with his claims against Google, Inc. The parties executed a retainer
9
agreement that included the terms under which the Firm would represent Mr. Jurin,
10
which included certain terms relating to the bearing of costs associated with this
11
matter. 2.
12
On July 10, 2009, our office had an extended teleconference with Mr.
13
Jurin regarding the litigation strategy going forward. This discussion included certain
14
elements of the discovery plan, elements that we believed to be crucial to the success
15
of Mr. Jurin’s claims. There was general disagreement in this regard; and, one
16
specific element of the discovery plan, which our office considers particularly
17
integral, was objected to by Mr. Jurin. Further discussion revealed that he would not
18
support the approach advocated by our office in the manner called for in the retainer
19
agreement.
20
3.
Additional communication transpired after this conference, and it
21
became apparent that our office and Mr. Jurin had irreconcilable differences in the
22
way we viewed the case, and its handling. As such, we informed Mr. Jurin that we
23
would no longer be able to represent his company in these proceedings, and advised
24
him to immediately seek new counsel.
25 26 27 28
4.
There is a financial element to the differences between our office and the
5.
I have notified Mr. Jurin that he must seek new counsel immediately.
client. 5 MOTION TO WITHDRAW AS COUNSEL
Case 2:09-cv-03934-GHK-E
1
6.
Document 7
Filed 07/15/2009
Page 6 of 7
Mr. Jurin has requested that we mail the files to the following address. I
2
have served by mail a copy of the files, and a copy of this motion, on the address
3
provided by Mr. Jurin, which is as follows:
4
Daniel Jurin
5
7732 Fair Oaks Blvd.
6
Carmichael, CA 95608
7
I declare under the laws of the United States of America and the penalty of perjury that the foregoing is true and correct.
8 9
Executed this 15th day of July, 2009, at Culver City, California 90230.
10 11 12
/S/ Scott A. Burroughs Scott A. Burroughs, Esq. Declarant
13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
6 MOTION TO WITHDRAW AS COUNSEL
Case 2:09-cv-03934-GHK-E
Document 7
3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is: DONIGER / BURROUGHS APC, 300 Corporate Pointe, Suite 355, Culver City, CA 90230. On July 15, 2009, I served the ENCLOSED documents described as Motion to Withdraw as Counsel on the following necessary part(ies) in this action: by placing the true copies thereof enclosed in sealed envelopes addressed as stated on the attached mailing list. ⌧ by placing the original ⌧a true copy thereof enclosed in sealed envelopes addressed as follows: Daniel Jurin 7732 Fair Oaks Blvd Carmichael, CA 95608 Stan Kara, Esq. Counsel for Google, Inc. (by PACER e-service only) ⌧ BY MAIL ⌧ I deposited such envelope in the mail at Los Angeles, California. The envelope was mailed with postage thereon fully prepaid. BY FACSIMILE On this date I caused to be transmitted to the above-mentioned Facsimile Number(s) the above-referenced document. ⌧ As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. EXECUTED July 15, 2009 in Culver City, California. ⌧ I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. I further declare that I am employed in the office of a member of the California Bar, at whose direction this service was made
23 24 25
By: /S/ Scott A. Burroughs Scott A. Burroughs, Esq.
26 27 28
Page 7 of 7
PROOF OF SERVICE
1 2
Filed 07/15/2009
7 MOTION TO WITHDRAW AS COUNSEL
1 2 3 4 5 6
Document 7
Filed 07/15/2009
Page 1 of 7
Stephen M. Doniger, Esq. (SBN 179314) Scott A. Burroughs, Esq. (SBN 235718) DONIGER / BURROUGHS APC 300 Corporate Pointe, Suite 355 Culver City, California 90230 Telephone: (310) 590-1820 Facsimile: (310) 417-3538 E-mail: [email protected] E-mail: [email protected]
7 8
Attorneys for Plaintiff DANIEL JURIN UNITED STATES DISTRICT COURT
9
CENTRAL DISTRICT OF CALIFORNIA
10 11 12
DANIEL JURIN
Case No.: CV 09-3934 GHK (Ex) Honorable George H. King Presiding
13
Plaintiff,
14
vs. 15 16
GOOGLE, INC., et al.
17
Defendants.
NOTICE OF MOTION AND MOTION TO WITHDRAW AS COUNSEL; DECLARATION OF SCOTT A. BURROUGHS, ESQ. DATE: August 10, 2009 TIME: 9:30 a.m. COURTROOM: 650
18 19 20 21
TO THE HONORABLE COURT, ALL PARTIES, AND THEIR COUNSEL:
22
PLEASE TAKE NOTICE that on August 10, 2009 at 9:30 a.m. or as soon
23
thereafter as the matter may be heard in the above-entitled Court, located at 255 East
24
Temple Street, Los Angeles, California, in the Courtroom 780, DONIGER /
25
BURROUGHS, APC will and hereby does move the Court to be relieved as counsel
26
of record for Plaintiff DANIEL JURIN in this action.
27 28
1 MOTION TO WITHDRAW AS COUNSEL
Case 2:09-cv-03934-GHK-E
1 2
Document 7
Filed 07/15/2009
Page 2 of 7
DANIEL JURIN IS FURTHER NOTIFIED that in order to preserve his legal rights, he should act immediately to retain new counsel in this action.
3
The basis for this Motion is that Doniger / Burroughs APC has been unable to
4
communicate effectively with its client, has a difference of opinion with its client in
5
regard to the prosecution of this case, and has been informed that the client does not
6
intend to comply with the terms of the retainer agreement.
7
This motion is made pursuant to Local Rules 83-2.9 of the United States
8
District Court for the Central District of California, relevant case authority and the
9
inherent powers of the Court to control its proceedings. This Motion is based on this
10
Notice of Motion, the attached Memorandum of Points and Authorities the
11
Declaration of Scott A. Burroughs, Esq., the pleadings and papers on file in the
12
action, and such further evidence and argument as may be received by the Court at or
13
prior to the hearing of this motion.
14
DATED: July 15, 2009
DONIGER / BURROUGHS
15 16 17
By: /S/ Scott A. Burroughs Scott A. Burroughs, Esq. Attorneys for Plaintiff
18 19 20 21 22 23 24 25 26 27 28
2 MOTION TO WITHDRAW AS COUNSEL
Case 2:09-cv-03934-GHK-E
Filed 07/15/2009
Page 3 of 7
MEMORANDUM OF POINTS AND AUTHORITIES
1 2
Document 7
I.
INTRODUCTION
3
As set forth in the Declaration of Scott A. Burroughs, Esq., in May, 2009, 4
DONIGER / BURROUGHS APC (hereinafter “the Firm”) agreed to represent Daniel 5
Jurin in connection with his claims against Google, Inc. The parties executed a 6
retainer agreement that included the terms under which the Firm would represent Mr. 7
Jurin, which included certain terms relating to the bearing of costs associated with 8
this matter. 9
On July 10, 2009, our office had an extended teleconference with Mr. Jurin 10
regarding the litigation strategy going forward. This discussion included certain 11
elements of the discovery plan, elements that we believed to be crucial to the success 12
of Mr. Jurin’s claims. There was general disagreement in this regard; and, one 13
specific element of the discovery plan, which our office considers particularly 14
integral, was objected to by Mr. Jurin. Further discussion revealed that he would not 15
support the approach advocated by our office in the manner called for in the retainer 16
agreement. 17
Additional communication transpired after this conference, and it became 18
apparent that our office and Mr. Jurin had irreconcilable differences in the way we 19
viewed the case, and its handling. As such, we informed Mr. Jurin that we would no 20
longer be able to represent his company in these proceedings, and advised him to 21
immediately seek new counsel. Give the foregoing, our office respectfully requests 22
that this Court grant this request and allow our withdrawal as counsel. 23
II.
LEGAL ARGUMENT
24
A.
GOOD CAUSE EXISTS TO PERMIT THE WITHDRAWAL
25
This request to withdraw is within the ambit of the applicable rules. Rule 426
100(c)(1)(d) of the California Rules of Professional Conduct permits an attorney to 27
seek withdrawal from representation of a client when the client “by other conduct 28
3
MOTION TO WITHDRAW AS COUNSEL
Case 2:09-cv-03934-GHK-E
Document 7
Filed 07/15/2009
Page 4 of 7
1
renders it unreasonably difficult for the member to carry out the employment
2
effectively.” In the instant case, the client has taken a stance that our office does not
3
feel will be reconcilable with our office’s intended handling of the case, and has
4
indicated that he will not honor certain provisions of the retainer. As such, our office
5
faces a severe burden if we go forward with our representation of the client, and the
6
client later fails to adhere to the terms of the retainer.
7
One of the provisions at issue relates to a financial issue. Financial issues are
8
proper grounds for an attorney to withdraw. Statue of Liberty-Ellis Island
9
Foundation, Inc. v. International United Industries, Inc., 110 FRD 395, 397
10 11
(S.D.N.Y. 1986). The recent events discussed above have damaged the attorney-client
12
relationship and greatly hindered counsel’s ability to effectively represent their
13
interests in this case. As such, we request that this motion be granted. B.
14
LEAVE TO WITHDRAW WILL NOT DELAY
15
COMPLETION OF THIS ACTION OR UNREASONABLY
16
PREJUDICE THE REPRESENTED PARTIES
17
Allowing our office’s withdrawal will not prejudice any party or the forward
18
momentum of this action. This action was only recently filed, is still in its earliest
19
stages, and the defendant has yet to file its responsive pleading. As such, no prejudice
20
will result from the granting of this request.
21 22
III.
CONCLUSION
Based on the foregoing, we submit that this motion should be granted. Respectfully submitted,
23 24
Date: July 15, 2009
DONIGER / BURROUGHS
25 26 27 28
By: /S/ Scott A. Burroughs Scott A. Burroughs, Esq. Attorneys for Plaintiff 4 MOTION TO WITHDRAW AS COUNSEL
Case 2:09-cv-03934-GHK-E
Document 7
Filed 07/15/2009
Page 5 of 7
DECLARATION OF SCOTT A. BURROUGHS, ESQ.
1
I, Scott A. Burroughs, Esq., declare and say that I am an attorney at law duly
2 3
licensed to practice in this District, and am counsel of record for Plaintiff, Daniel
4
Jurin, in this action. I make this declaration from my own personal knowledge. If called to testify, I
5 6
could and would honestly testify as to the following: 1.
7
In May of this year, our firm agreed to represent Daniel Jurin in
8
connection with his claims against Google, Inc. The parties executed a retainer
9
agreement that included the terms under which the Firm would represent Mr. Jurin,
10
which included certain terms relating to the bearing of costs associated with this
11
matter. 2.
12
On July 10, 2009, our office had an extended teleconference with Mr.
13
Jurin regarding the litigation strategy going forward. This discussion included certain
14
elements of the discovery plan, elements that we believed to be crucial to the success
15
of Mr. Jurin’s claims. There was general disagreement in this regard; and, one
16
specific element of the discovery plan, which our office considers particularly
17
integral, was objected to by Mr. Jurin. Further discussion revealed that he would not
18
support the approach advocated by our office in the manner called for in the retainer
19
agreement.
20
3.
Additional communication transpired after this conference, and it
21
became apparent that our office and Mr. Jurin had irreconcilable differences in the
22
way we viewed the case, and its handling. As such, we informed Mr. Jurin that we
23
would no longer be able to represent his company in these proceedings, and advised
24
him to immediately seek new counsel.
25 26 27 28
4.
There is a financial element to the differences between our office and the
5.
I have notified Mr. Jurin that he must seek new counsel immediately.
client. 5 MOTION TO WITHDRAW AS COUNSEL
Case 2:09-cv-03934-GHK-E
1
6.
Document 7
Filed 07/15/2009
Page 6 of 7
Mr. Jurin has requested that we mail the files to the following address. I
2
have served by mail a copy of the files, and a copy of this motion, on the address
3
provided by Mr. Jurin, which is as follows:
4
Daniel Jurin
5
7732 Fair Oaks Blvd.
6
Carmichael, CA 95608
7
I declare under the laws of the United States of America and the penalty of perjury that the foregoing is true and correct.
8 9
Executed this 15th day of July, 2009, at Culver City, California 90230.
10 11 12
/S/ Scott A. Burroughs Scott A. Burroughs, Esq. Declarant
13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
6 MOTION TO WITHDRAW AS COUNSEL
Case 2:09-cv-03934-GHK-E
Document 7
3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is: DONIGER / BURROUGHS APC, 300 Corporate Pointe, Suite 355, Culver City, CA 90230. On July 15, 2009, I served the ENCLOSED documents described as Motion to Withdraw as Counsel on the following necessary part(ies) in this action: by placing the true copies thereof enclosed in sealed envelopes addressed as stated on the attached mailing list. ⌧ by placing the original ⌧a true copy thereof enclosed in sealed envelopes addressed as follows: Daniel Jurin 7732 Fair Oaks Blvd Carmichael, CA 95608 Stan Kara, Esq. Counsel for Google, Inc. (by PACER e-service only) ⌧ BY MAIL ⌧ I deposited such envelope in the mail at Los Angeles, California. The envelope was mailed with postage thereon fully prepaid. BY FACSIMILE On this date I caused to be transmitted to the above-mentioned Facsimile Number(s) the above-referenced document. ⌧ As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. EXECUTED July 15, 2009 in Culver City, California. ⌧ I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. I further declare that I am employed in the office of a member of the California Bar, at whose direction this service was made
23 24 25
By: /S/ Scott A. Burroughs Scott A. Burroughs, Esq.
26 27 28
Page 7 of 7
PROOF OF SERVICE
1 2
Filed 07/15/2009
7 MOTION TO WITHDRAW AS COUNSEL
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