Little v. Pacific Seafood Procurement, LLC et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
BRAND LITTLE, et al.,
Plaintiffs,
v.
PACIFIC SEAFOOD PROCUREMENT,
LLC, et al.,
Defendants.
Case No. 23-cv-01098-AGT
ORDER ON MOTION TO
WITHDRAW AS COUNSEL
Re: Dkt. No. 842
The Court conditionally grants Steven McLellan’s unopposed motion to withdraw as
counsel for Defendant Fishermen’s Catch, Inc. Dkt. 842.1 As explained by Mr. McLellan,
Fishermen’s Catch has failed to pay his fees in full and to reimburse costs and hasn’t pro-
vided reasonable assurances of future payment. See Dkt. 842-1, McLellan Decl. ¶¶ 5–7.
Counsel emailed a copy of the motion to Fishermen’s Catch CEO Peter Nguyen. Dkt. 842-
3. Fishermen’s Catch didn’t respond by the September 16, 2026, response deadline.
1 Two other attorneys from Mr. McLellan’s law firm, Claire Melehani and Elizabeth
Handtke, joined the motion but never filed notices of appearance. A notice of appearance is
how an attorney joins a case. Civil L.R. 5-1(c)(2). Because Ms. Melehani and Ms. Handtke
didn’t join the case, they needn’t withdraw.
Case 3:23-cv-01098-AGT Document 872 Filed 10/02/26 Page 1 of 2

2
Because counsel’s withdrawal “is not accompanied by simultaneous appearance of
substitute counsel,” the Court will permit withdrawal “subject to the condition that papers
may continue to be served on counsel for forwarding purposes, unless and until the client
appears by other counsel.” Civ. L.R. 11-5(b).
As a corporation, Fishermen’s Catch must be represented by counsel. Civil L.R. 3-
9(b); Reading Int’l, Inc. v. Malulani Grp., 814 F.3d 1046, 1053 (9th Cir. 2016). New counsel
must enter an appearance by October 23, 2026. If that deadline isn’t met, Plaintiffs may
move to strike Fishermen’s Catch’s answer and for entry of default.
IT IS SO ORDERED.
Dated: October 2, 2026
______________________________
Alex G. Tse
United States Magistrate Judge
Case 3:23-cv-01098-AGT Document 872 Filed 10/02/26 Page 2 of 2