1 Roland J. Tong (Cal. Bar No. 216836) firstname.lastname@example.org 2 MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP 3 801 S. Figueroa St, 15th Floor 4 Los Angeles, California 90017-3012 Telephone: (213) 624-6900 5 Facsimile: (213) 624-6999 6 Attorneys for Defendant, 7 WORLD TECH TOYS, INC. 8 UNITED STATES DISTRICT COURT 9 WESTERN DISTRICT OF TEXAS, SAN ANTONIO 10 11 Case No 5:18-cv-00869-FB 12 INPROCESSOUT, LLC dba FLYNOCEROS, a Texas Limited Assigned For All Purposes to 13 Hon. Fred Biery Liability Company 14 Plaintiff, NOTICE OF MOTION AND 15 MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT 16 WORLD TECH TOYS, INC. v. 17 Date: 18 WORLD TECH TOYS, INC., a Time: California Corporation, Courtroom: 19 20 Defendant. 21 22 23 TO THIS COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD: 24 PLEASE TAKE NOTICE that Counsel for Defendants WORLD TECH TOYS, 25 INC. (collectively "Defendants"), Roland J. Tong, and his firm Manning & Kass 26 Ellrod Ramirez Trester, LLP will and hereby does move for an order permitting 27 counsel to withdraw as counsel of record. 28 4831-3647-5284.2 1 NOTICE OF MOTION AND MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT WORLD TECH TOYS, INC. 1 Both Texas and California Rules of Professional Conduct apply in this case as 2 this case is before this Texas Court and counsel is admitted to practice in this Texas 3 Court and in California. Texas Disciplinary Rules of Professional Conduct Rule 4 1.15(b)(1) allow for withdrawal when the withdrawal can be accomplished without 5 adverse effect on the interests of the client. At this point, the parties are just awaiting 6 the Court's decision on various motions, including Defendant's Motion to Dismiss 7 (Dkt. 19). No pre-trial and trial dates have been set. Nothing is due from the 8 Defendant at this point. Accordingly, withdrawal can be accomplished without 9 adverse effect on the interest of the Defendant. Texas Disciplinary Rules of 10 Professional Conduct Rule 1.15(b)(6) also allow withdrawal when the representation 11 will result in an unreasonable financial burden on the lawyer or has been rendered 12 unreasonably difficult by the client. 13 California Rules of Professional Responsibility also allows for withdrawal 14 when a client "breaches a material term of an agreement with, or obligation, to the 15 lawyer relating to the representation, and the lawyer has given the client a reasonable 16 warning after the breach that the lawyer will withdraw unless the client fulfills the 17 agreement or performs the obligation." Cal. R. Prof. Resp. 1.16(b)(6). Defendant has 18 refused to honor its contractual obligations with its counsel and has failed to pay 19 counsel's invoices for last 4 months. For about a month now, Defendant's counsel has 20 been warning Defendant that he will withdraw from representing Defendant if 21 counsel's invoices remain unpaid. Per the Rules of Professional Responsibility or 22 Conduct from Texas and California, Defendant's counsel should be allowed to 23 withdraw from continuing to represent the Defendant. 24 /// 25 /// 26 /// 27 /// 28 4831-3647-5284.2 2 NOTICE OF MOTION AND MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT WORLD TECH TOYS, INC. 1 Defendant's Counsel has also provided Defendant with the following notices: 2 1. This is a motion to withdraw as counsel. If this motion is granted, your 3 present attorney will no longer be representing you. YOU SHOULD 4 IMMEDIATELY SEEK LEGAL ADVICE REGARDING LEGAL 5 REPRESENTATION. Failure to retain an attorney may lead to an order striking the 6 pleadings or to the entry of a default judgment. 7 2. If this motion is granted and you are representing yourself, you will 8 solely be responsible for the case. If this motion to withdraw is granted, you will not 9 have an attorney representing you. You may wish to seek legal assistance. If you do 10 not have a new attorney to represent in this action or proceeding, and you are legally 11 permitted to do so, you will be representing yourself It will be your responsibility to 12 comply with all court rules and applicable laws. If you fail to do so, or fail to appear 13 at hearings, action may be taken against you. You may lose your case. 14 3. If this motion is granted, you must keep the court informed of your 15 current address. The Court has been informed of your last known mailing address of 16 28904 Avenue Paine, Valencia, CA 91355. NOTICE TO CLIENT WHO WILL BE 17 UNREPRESENTED: If this motion to withdraw as counsel is granted, the court needs 18 to know how to contact you. If you do not keep the court and other parties informed 19 of your current address and telephone number, they will not be able to send your 20 notices of actions that may affect you, including actions that may adversely affect 21 your interests or result in your losing the case. 22 4. If this motion is granted, you are obligated to prepare for all proceedings 23 and to hire counsel to represent you in such proceedings. Because World Tech Toys, 24 Inc. is an entity, it is unable to appear pro se and must have an attorney represent it. 25 /// 26 /// 27 28 4831-3647-5284.2 3 NOTICE OF MOTION AND MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT WORLD TECH TOYS, INC. 1 5. You are hereby notified and warned that you are personally responsible 2 for complying with all court orders and time limitations established by any applicable 3 rules of the Federal Rules of Civil Procedure and the Local Rules of Civil Procedure 4 for the United States Court for the Western District of Texas. 5 6. In the event you fail to or refuse to meet the above obligations, you may 6 suffer default and lose the case. 7 Local Rule AT-3 provides that an attorney seeking to withdraw from a case 8 must file a motion specifying the reasons for withdrawal and provide the name and 9 office address of the successor attorney. If the successor attorney is not known, the 10 motion must set forth the client's name, address, and telephone number, and must bear 11 the client's signature or a detailed explanation why the client's signature could not be 12 obtained after due diligence. In accordance with Local Rule AT-3, Counsel provides 13 the following: 14 15 Client: World Tech Toys, Inc. Attention: Vicken Koyoumijan Address: 28904 Avenue Paine, Valencia, CA 91355 16 Telephone number: 818-675-9001 17 Counsel has tried to obtain the client's signature by emailing the client a copy 18 of the draft of this motion on three occasions on April 16, 22, and 24. Client has 19 explicitly refused to sign it, as its President is upset with counsel and has accused 20 counsel of overbilling. Client has also expressed to counsel that if there is any future 21 work relating to this case that it will not agree to pay counsel's bill for said work. 22 Clearly, the representation will result in an unreasonable financial burden on the 23 lawyer and has been rendered unreasonably difficult by the client. Withdrawal is 24 proper in this situation according to Texas Disciplinary Rules of Professional Conduct 25 Rule 1.15(b)(6). 26 /// 27 28 4831-3647-5284.2 4 NOTICE OF MOTION AND MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT WORLD TECH TOYS, INC. 1 WHEREFORE, considering the foregoing, Counsel prays that the Court act on 2 the motion as it deems prudent. 3 4 DATED: April 30, 2019 /s/ Roland Tong 5 Roland J. Tong (Cal. Bar. No. 216836) 6 email@example.com MANNING & KASS 7 ELLROD, RAMIREZ, TRESTER LLP 8 801 S. Figueroa St, 15th Floor Los Angeles, California 90017-3012 9 Telephone: (213) 624-6900 10 Facsimile: (213) 624-6999 11 Attorneys for Defendant, 12 WORLD TECH TOYS, INC. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4831-3647-5284.2 5 NOTICE OF MOTION AND MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT WORLD TECH TOYS, INC. CERTIFICATE OF SERVICE 1 2 I hereby certify that on this 30th day of April, 2019, I electronically filed the 3 foregoing NOTICE OF MOTION AND MOTION TO WITHDRAW AS 4 COUNSEL FOR DEFENDANT WORLD TECH TOYS, INC. with the Clerk of 5 the Court using the CM/ECF system which will send notification of such filing to 6 the following: 7 H. Dale Langley, Jr. Attorney for Plaintiff THE LAW FIRM OF H. DALE LANGLEY, JR., PC InProcessOut, LLC 8 1803 West Avenue Austin, TX 78701 9 T: (512) 477-3830 F: (512) 597-4775 10 E: firstname.lastname@example.org 11 Matthew J. Booth, Esq. Attorney for Plaintiff MATTHEW J. BOOTH, PC InProcessOut, LLC 12 5501A Balcones Dr., Ste. 301 Austin, TX 78731-4907 13 T: (512) 474-8488 F: (512) 596-2575 14 E: email@example.com 15 E-MAIL: I also certify the document and a copy of the Notice of Electronic 16 Filing was served via email on the following non-CM/ECF participants: 17 Vicken Kouyoumjian firstname.lastname@example.org 18 U.S. MAIL: I further certify that I served a true copy of the document by 19 depositing it in the United Sates Mail in a sealed envelope with the postage thereon 20 fully prepaid on the following non-CM/ECF participants: 21 Attn: Vicken Koyoumijan 22 WORLD TECH TOYS, INC. 28904 Avenue Paine, 23 Valencia, CA 91355 24 T: (818) 675-9001 25 /s/ Roland Tong 26 Roland Tong 27 28 4831-3647-5284.2 6 NOTICE OF MOTION AND MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT WORLD TECH TOYS, INC.