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.
15 [ECF No. 179]
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), the law firm of Higgs Fletcher & Mack,
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and all attorneys associated with it including Sean M. Sullivan and Justin M. Martin
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(“Movant”), filed an ex parte motion to withdraw as counsel for Defendants Bowman
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Aviation, Inc., Jet Agency Global LLC, C3 Limo LLC, Jordan Brown, Jet Genius
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Holdings, Inc., Jet Genius Florida Holdings, Inc., C3 Jets LLC (“Defendants”), on
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1 || grounds that Defendants did not meet the material terms of the Engagement Agreement,
2 permitting withdrawal under Rule 1.16(b)(5) of California’s Rules of Professional
3 |}Conduct. ECF No. 179.
4 Defendants have yet to file their own response to this motion. In considering a
5 || motion to withdraw as counsel, the Court must account for several factors, including
6 || whether the motion is opposed or joined by the party in question and the harm that
7 || withdrawal might cause to the administration of justice. See In re Saber, No. 21-55913,
8 2022 WL 11592836, at *1 (9th Cir. Oct. 20, 2022). Most Defendants in this case are
9 || corporate entities, and they must proceed with counsel; the time to retain replacement
10 counsel may prejudice their claims. Defendants’ lack of response prevents the Court
11 || from engaging in a fulsome inquiry on these factors and more.
12 Having considered the motion, and in light of the issues regarding the derivative
13 |}claims, the Court ORDERS Defendants to file a response expressing whether they have
14 || objections to the ex parte motion and whether and how they intend to retain substitute
15 |}counsel. This response shall be due within one week of this Order.
16 IT IS SO ORDERED.
17 Dated: January 7, 2025
18 Hon. athe Cae
19 United States District Judge
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