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Berry v. Cnty. of San Diego

United States District Court, Southern District of California
Apr 19, 2022
3:20-cv-0590-JAH-BLM (S.D. Cal. Apr. 19, 2022)

Opinion

3:20-cv-0590-JAH-BLM

04-19-2022

ANTONIO BERRY, Plaintiff, v. COUNTY OF SAN DIEGO, by and through THE METROPOLITAN TRANSIT SYSTEM; OFFICER ERIC ARELLANES, an individual and agent for County of San Diego; OFFICER ALEJANDRO CASAS, an individual and agent for County for San Diego; and DOES 1 through 50, inclusive, Defendants.


ORDER GRANTING MOTION TO WITHDRAW (ECF NO. 26).

JOHN A. HOUSTON, UNITED STATES DISTRICT JUDGE.

On March 31, 2022, counsel for Plaintiff Antonio Berry (“Plaintiff” or “Mr. Berry”) filed a motion to withdraw as attorney for Plaintiff, citing numerous difficulties. (ECF No. 26). Counsel has submitted a declaration in support of withdrawal, and also contends that because the case is in the early stages of prosecution, a withdrawal would not cause prejudice to the Plaintiff.

The decision to grant or deny a motion to withdraw is within the discretion of the trial court. Kassab v. San Diego Police Dep't, 2008 WL 251935, at *1 (S.D. Cal. Jan. 29, 2008) (citations omitted). In making that determination, courts consider “(1) the reasons why withdrawal is sought; (2) the prejudice withdrawal may cause to other litigants; (3) the harm withdrawal might cause to the administration of justice; and (4) the degree to which withdrawal will delay the resolution of the case.” Id. (citation omitted).

After reviewing the record and the reasons for withdrawal noted by Carol Baidas, Esq., in her declaration in support of the request, the Court concludes that there is good cause to grant counsel's motion to withdraw, and that the withdrawal will not prejudice the Plaintiff or justice, nor lead to an unduly delayed resolution of the case because of the current stage of the proceedings.

IT IS SO ORDERED.


Summaries of

Berry v. Cnty. of San Diego

United States District Court, Southern District of California
Apr 19, 2022
3:20-cv-0590-JAH-BLM (S.D. Cal. Apr. 19, 2022)
Case details for

Berry v. Cnty. of San Diego

Case Details

Full title:ANTONIO BERRY, Plaintiff, v. COUNTY OF SAN DIEGO, by and through THE…

Court:United States District Court, Southern District of California

Date published: Apr 19, 2022

Citations

3:20-cv-0590-JAH-BLM (S.D. Cal. Apr. 19, 2022)