The opinion
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8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
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11 Plaintiff AARON STANZ, individually Case No.: 3:22-cv-01164-GPC-JLB
and derivatively on behalf of Jet Genius
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Holdings, Inc., ORDER TO FILE RESPONSE TO
13 MOTION TO WITHDRAW AS
Plaintiff,
COUNSEL
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v.
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Defendants JORDAN BROWN; et al.,
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Defendants,
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JET GENIUS HOLDINGS, INC.,
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Nominal Defendant.
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Pursuant to Local Civil Rule 83.3(f)(3) and 83.3(g), Procopio, Cory, Hargreaves &
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Savitch, LLP, including Sean M. Sullivan and Justin M. Martin, filed an ex parte motion
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to withdraw as counsel for Plaintiff Aaron Stanz (“Plaintiff”), on grounds that Plaintiff
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did not meet the material terms of the Engagement Agreement and that there now exist
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irreconcilable differences. Dkt. No. 131.
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1 Plaintiff has yet to file his own response to this motion. In considering a motion to
2 || withdraw as counsel, the Court must account for several factors, including whether the
3 || motion is opposed or joined by the plaintiff and the harm that withdrawal might cause to
4 || the administration of justice. See In re Saber, No. 21-55913, 2022 WL 11592836, at *1
5 || (9th Cir. Oct. 20, 2022). Plaintiff's lack of response prevents the Court from engaging in
6 ||a fulsome inquiry on these factors and more.
7 Moreover, as to Plaintiffs derivative claims, the Court places Plaintiff on notice as
8 || to the consequences of a withdrawal of counsel on his derivative claims. Generally, a
9 || plaintiff pursuing a derivative lawsuit on behalf of a corporation cannot proceed pro se
10 || without legal counsel. Phillips v. Tobin, 548 F.2d 408, 411-12 (2d. Cir. 1976); see also
11 v. High Country Broadcasting Co., 3 F.3d 1244, 1245 (9th Cir. 1993).
12 Having considered the motion, and in light of the issues regarding the derivative
13 claims, the Court ORDERS Plaintiff to file a response expressing whether he has
14 || objections to the ex parte motion and whether he intends to retain substitute counsel.
15 || This response shall be due within one week of this Order.
16 IT IS SO ORDERED.
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18 ||Dated: August 27, 2024 72
19 Hon. athe Cae
20 United States District Judge
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