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N.D. Cal.Procedural orderFiled Jan. 6, 2023

Silver v. Greystar Real Estate Partners, LLC

Judge
Susan Illston
Docket
3:21-cv-00698
Court
U.S. District Court · Northern District of California
Pages
3
Civil Procedure
In one sentence

In Silver v. Greystar, Judge Illston allowed plaintiff’s lawyers to withdraw, referred her for possible pro bono counsel, and stayed the case.

Who this affects

Aimee Silver, her withdrawing counsel Coyle Brown Law, and the ongoing case proceedings; the order also directed a referral to the Federal Pro Bono Project.

What happened

In Silver v. Greystar Real Estate Partners, LLC, Coyle Brown Law asked to withdraw as Aimee Silver’s lawyers, and Silver opposed the request. The court found an irreparable breakdown in the attorney-client relationship.

The court granted the withdrawal motion and ordered the firm to give Silver her client materials and property. It also referred Silver to the Federal Pro Bono Project so that a lawyer might be found to represent her.

Judge Susan Illston stayed the proceedings for 30 days from the order’s date to give Silver time to locate counsel. The order also states that proceedings would remain stayed until four weeks after a lawyer was appointed.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Silver v. Greystar Real Estate Partners, LLC · No. 3:21-cv-00698
Judge
Susan Illston
Date
Jan. 6, 2023

Background

Coyle Brown Law moved to withdraw as counsel for plaintiff Aimee Silver. Silver opposed the motion. The court held a hearing on December 20, 2022.

The firm said that an irreconcilable breakdown had occurred in the attorney-client relationship. The court explained that, under Civil Local Rule 11-5, a lawyer may withdraw only after receiving a court order and providing written notice reasonably in advance to the client and other interested parties.

Ruling

The court granted Coyle Brown Law’s motion to withdraw. It found that the attorney-client relationship had irretrievably broken down and that the firm had satisfied the requirements of Civil Local Rule 11-5 and Rule of Professional Conduct 1.16.

The court ordered Coyle Brown Law to release Silver’s client materials and property. It also ordered that Silver be referred to the Federal Pro Bono Project. If the Project notified the court that a lawyer had been found, that lawyer would be appointed to represent Silver within the scope described in the referral order.

The court stayed all proceedings for 30 days from the date of the order to allow Silver time to locate counsel. The order separately states that proceedings would remain stayed until four weeks after an attorney was appointed. The opinion does not decide the underlying claims in the case.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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