Doe v. State Farm General Insurance Company
- Jacquelyn Corley
- 3:23-cv-04734
- U.S. District Court · Northern District of California
- 2
In James Doe v. State Farm, Judge Corley denied counsel’s withdrawal notice without prejudice, leaving Stephen M. Wallace as counsel.
James Doe remains represented by Stephen M. Wallace, who remains counsel of record. State Farm General Insurance Company’s counsel was identified as having received notice, but the order did not otherwise change State Farm’s position.
What happened
In James Doe v. State Farm General Insurance Company, attorney Stephen M. Wallace filed a notice saying he was withdrawing as James Doe’s lawyer. The notice did not include a motion or explain why he wanted to withdraw.
The court also found that Wallace did not state that he had given the required notice to James Doe. Although he said he had notified State Farm’s lawyer, that was not enough under the court’s local rule.
Judge Jacquelyn Corley denied the notice without prejudice, allowing a properly supported motion to be filed later. Until then, Stephen M. Wallace remains James Doe’s counsel of record.
The detailed version
- Doe v. State Farm General Insurance Company · No. 3:23-cv-04734
- Jacquelyn Corley
- Apr. 15, 2024
Background
Stephen M. Wallace filed a notice of withdrawal as counsel for Plaintiff James Doe. The court considered the filing under Northern District of California Civil Local Rule 11-5(a), which provides that counsel may not withdraw until the court grants permission after written notice has been given reasonably in advance to the client and other parties who have appeared.
Court’s analysis
The court explained that permission to withdraw is discretionary. Courts consider the reasons for withdrawal, possible prejudice to other litigants, harm to the administration of justice, and any delay in resolving the case.
Wallace’s filing did not include a motion to withdraw or an explanation for the requested withdrawal. It also stated that notice had been provided to State Farm’s counsel but did not state that the required notice had been provided to James Doe.
Ruling
The court denied Plaintiff’s Notice of Withdrawal without prejudice to filing a properly supported motion to withdraw. The opinion states that, for now, Stephen M. Wallace remains counsel of record for James Doe. Judge Jacquelyn Corley signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.