Order.denying.ex.Parte.application.to.Withdraw.by.Nixon.peabody.march.19
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Transcript of Order.denying.ex.Parte.application.to.Withdraw.by.Nixon.peabody.march.19
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1[PROPOSED] ORDER GRANTING EX PARTE
APPLICATION TO WITHDRAW AS COUNSEL
FOR TURAN PETROLEUM, INC.
Error! Unknown document property name.
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MICHAEL R. LINDSAY, State Bar No. [email protected]
KELLY L. KRESS, State Bar No. 246368
NIXON PEABODY LLP
555 West Fifth Street, 46th FloorLos Angeles, CA 90013
Telephone: 213.629.6000
Facsimile: 213.629.6001
Attorneys for DefendantTURAN PETROLEUM, INC.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION
KAZENERCOM TOO, et al.,
Plaintiffs,
v.
TURAN PETROLEUM, INC., et al.,
Defendants.
Case No.: SACV 09-00059-JVS (MLGx)
ORDER DENYING EX PARTE
APPLICATION OF NIXON PEABODY
LLP FOR AN ORDER PERMITTING
WITHDRAWAL AS COUNSEL OF
RECORD FOR DEFENDANT TURAN
PETROLEUM, INC.
And related actions.
Having reviewed NIXON PEABODY LLPs Ex Parte Application for an
Order Permitting NIXON PEABODY LLP to withdrawal as Counsel of Record for
Defendant Turan Petroleum, Inc. (Turan), the Memorandum of Points and
Authorities, the supporting Declaration of Michael R. Lindsay, and the opposition of
plaintiffs Kazenercom Too et al., the Court Orders as follows:
This Ex Parte Application of Nixon Peabody LLP for an Order Permitting Nixon
Peabody LLPs Withdrawal as Counsel of Record is hereby DENIED.
Case 8:09-cv-00059-JVS-MLG Document 330 Filed 03/19/10 Page 1 of 2
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-2-[[PROPOSED] ORDER GRANTING EX PARTEAPPLICATION TO WITHDRAW AS COUNSELFOR TURAN PETROLEUM, INC.
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The remaining claim is one for interpleader between competing groups for the
funds of Turan. The parties have represented from the outset that the funds are critical
to the operation of Turan. (E.g., Emergency Counterclaim, 29; Docket 202.) The
Court has been unable to resolve the claim short of trial. A withdrawal of NixonPeabody LLP at this time would work an unwarranted delay in the resolution of this
case. Local Rule 83-2.9.2.4. No good cause has been show for ignoring such delay.
The Court is sympathetic to Nixon Peabody LLPs position. If the Turan parties
truly wish to discharge Nixon Peabody Inc., they can do so by executing an
appropriate substitution. However, the Court will not delay the trial as part of its
approval of any substitution.
IT IS SO ORDERED.
Dated: March 19, 2010
THE HONORABLE JAMES V. SELNAUNITED STATES DISTRICT JUDGE
CENTRAL DISTRICT OF CALIFORNIA
Case 8:09-cv-00059-JVS-MLG Document 330 Filed 03/19/10 Page 2 of 2
