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Insurance | California Central
Withdraw as Attorney Shorten Time for Hearing
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Pending before the Court is Annaguey McCann LLP's motion to withdraw as counsel of record for Defendants Robert Ellin, Josh Halbauer, and Aidan Crotinger ("Individual Defendants") and Defendants LiveOne, Inc.; Podcast One, Inc.; LiveXLive, Corp., Splitmind LLC; Slacker, Inc.; and Drumify LLC ("Entity Defendants") 82 . This Motion represents the second time that Defendants' counsel has sought withdrawaldue to breach of an agreement and breakdown of communications. (See generally Ethan Bearman Mot. Withdraw, Dkt. No. 50.) While Counsel does not provide specific details regarding its reasons for withdrawal due to its duty of confidentiality, assuming the same reasons driving its withdrawal are the same reasons that drove Defendants' prior counsel's prior request to withdraw, the Court finds that Counsel establishes good reason for withdrawal. However, the Court must balance Counsels reasons for withdrawal against the disruptionthis withdrawal will have on the orderly administration of justice. Trial in this matter is set to begin in two months, and Counsel, having conducted expert discovery and briefed summary judgment, is best positioned to represent Defendants' interests. If the Court was to grant withdrawal, not only would it deprive Defendants of competent counsel, but it would also deprive the Court of a competent advocate and Old Republic of a competent adversary. The prejudice is especially pronounced for the Entity Defendants, whom the Court would be forcedto default because they cannot appear pro se in federal court. Having balanced these competing considerations, the Court DENIES Counsel's Motion (Dkt. No. 82.) Trial is simply too close to permit withdrawal. However, as Counsel represents that it is pursuing potential stipulations to continue trial, denial is WITHOUT PREJUDICE in case the trial continues to a date that would give Defendants sufficient time to find competent substitute counsel and allow that counsel to prepare for trial. The Court DENIES Counsel's Ex Parte Application AS MOOT 83 . (lc)
Shorten Time for Hearing
EX PARTE APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION of Maribeth Annaguey and Kathryn L. McCann to Withdraw as Attorney 82 to 10/19/2026 filed by Defendants and Counterclaimant Aidan Crotinger, Drumify, LLC, Robert Ellin, Joshua Hallbauer, LiveOne, Inc., Livexlive, Corp., Podcastone, Inc., Slacker, Inc., Splitmind LLC. (Attachments: # 1 Declaration of Kathryn L. McCann, # 2 Proposed Order) (Annaguey, Maribeth)
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