Johnson v. GTD Ventures, LLC
- Thomas Hixson
- 3:21-cv-07525
- U.S. District Court · Northern District of California
- 4
In Johnson v. GTD Ventures, LLC, Judge Hixson granted counsel’s withdrawal for Visible Vibrations, LLC, subject to forwarding and replacement-counsel conditions.
Visible Vibrations, LLC must obtain substitute licensed counsel and file a substitution of counsel by July 29, 2022. Sidran Law Corp. may withdraw but must continue forwarding served papers until the substitution is filed.
What happened
In Johnson v. GTD Ventures, LLC, Scott Johnson brought an Americans with Disabilities Act case seeking accessible sales counters and door hardware at Visible Vibrations. David Sidran’s law firm represented both defendants but reported an irretrievable breakdown in communication with Visible Vibrations and asked to withdraw.
The court found good cause for withdrawal and determined that Sidran had provided reasonable advance notice and time to obtain new counsel. Because Visible Vibrations is a corporation, it must appear in federal court through a licensed lawyer.
Judge Hixson granted Sidran Law Corp.’s motion to withdraw as counsel for Visible Vibrations, LLC, but required Sidran to remain counsel of record for forwarding papers until Visible Vibrations files a substitution of counsel. Visible Vibrations was required to file that substitution by July 29, 2022, and the order warned that failing to do so could result in default judgment.
The detailed version
- Johnson v. GTD Ventures, LLC · No. 3:21-cv-07525
- Thomas Hixson
- June 29, 2022
Background
Scott Johnson sued GTD Ventures, LLC and Visible Vibrations, LLC under the Americans with Disabilities Act, seeking accessible sales counters and door hardware at Visible Vibrations. Sidran Law Corp. represented both defendants. The case proceedings had been stayed under General Order 56 while the parties completed a site inspection, met and conferred, and participated in settlement discussions. A settlement conference occurred on May 20, but the parties did not resolve the case.
David Sidran moved to withdraw as counsel for Visible Vibrations, LLC. He stated that communication with Visible Vibrations had irretrievably broken down and that the breakdown made it impossible for his firm to represent the company effectively. Sidran stated that Visible Vibrations had received advance notice of the planned motion, and the motion was served at the company’s last known contact information. No opposition was filed.
Court’s analysis
The court applied Civil Local Rule 11-5, which requires reasonable advance written notice and permission from the court before an attorney may withdraw. The court also considered the reasons for withdrawal, possible prejudice to the litigants, harm to the administration of justice, and delay. It found good cause because of the breakdown in communication and Visible Vibrations’ failure to respond to the motion. The court also found that Sidran had provided reasonable advance notice and time for Visible Vibrations to obtain substitute counsel.
Ruling and conditions
The court granted Sidran Law Corp.’s motion to withdraw as counsel for Visible Vibrations, LLC. Because Visible Vibrations had not consented to the withdrawal and had not filed a substitution of counsel, the court imposed the condition that papers from the court and other parties continue to be served on Sidran for forwarding purposes until a substitution is filed. Sidran was required to electronically file proof of service for those documents. Visible Vibrations was required to file a substitution of counsel by July 29, 2022. The court warned that failure to retain substitute counsel could result in entry of default judgment. The court vacated the scheduled July 21, 2022 hearing.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.