District Council 16 Northern California Health and Welfare Trust Fund v. Herron…

Background

The plaintiffs brought the case under the Employee Retirement Income Security Act of 1974, alleging that the defendants failed to report and pay required contributions and union dues under bargaining and trust agreements. Littler Mendelson, P.C. represented the defendants, which included Herron Painting Co., Herron Painting, Inc., Kevin Herron, and Dora Herron.

On April 19, 2024, the court granted Littler’s motion to withdraw as counsel. Because the defendants had not consented to the withdrawal and had not filed a substitution of counsel, the court required Littler to remain counsel of record for purposes of serving filed documents on the defendants until substitute counsel appeared. The court later extended the deadline for the defendants to obtain substitute counsel. The court then entered default against Herron Painting Co. and Herron Painting, Inc. Plaintiffs’ motions for default judgment against the entity defendants and for summary judgment against the individual defendants were pending when this order was issued.

Motion

On April 9, 2025, Littler filed an administrative motion under Civil Local Rule 7-11 seeking relief from the remaining conditions of its withdrawal. In particular, Littler asked the court to end its obligation to remain counsel of record for serving documents on the defendants. Littler argued that the defendants had had enough time and opportunity to learn that they needed new counsel and to obtain new counsel. No opposition was filed.

Court’s reasoning

Civil Local Rule 11-5 permits a withdrawal order to require continued service on former counsel when the client has not appeared through substitute counsel or agreed to proceed without a lawyer. The court agreed that the defendants had had ample time to obtain new counsel. But none of the defendants had filed a notice of appearance for substitute counsel, and the individual defendants had not agreed to represent themselves. The only contact information on file was for Littler attorneys Courtney Chambers and Sarah Bryan Fask. Relieving Littler of the service obligation would leave the court without a means of notifying the defendants about filings in the case.

Disposition

Judge Thomas S. Hixson denied Littler’s motion. Littler must remain counsel of record for serving all filed documents on the defendants until a substitution of counsel is filed. For each such document, Littler must file proof of service within three business days after filing.