Securities And Exchange Commission v. Torchia et al, No. 1:2015cv03904 - Document 266 (N.D. Ga. 2016)

Court Description: OPINION AND ORDER granting James M. Johnson, Sherri L. Buda and Knight Johnson, LLCs Motion to Withdraw as Counsel of Record for James A. Torchia 260 . Signed by Judge William S. Duffey, Jr on 11/10/16. (ddm)

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Securities And Exchange Commission v. Torchia et al Doc. 266 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. 1:15-cv-3904-WSD JAMES A. TORCHIA, CREDIT NATION CAPITAL, LLC, CREDIT NATION ACCEPTANCE, LLC, CREDIT NATION AUTO SALES, LLC, AMERICAN MOTOR CREDIT, LLC, and SPAGHETTI JUNCTION, LLC, Defendants. OPINION AND ORDER This matter is before the Court on James M. Johnson, Sherri L. Buda and Knight Johnson, LLC’s (collectively, “Knight Johnson”) Motion to Withdraw as Counsel of Record for James A. Torchia [260] (“Motion to Withdraw”). I. BACKGROUND On November 2, 2016, Knight Johnson filed its Motion to Withdraw. Knight Johnson states it gave Mr. Torchia fourteen (14) days notice of its intention to request permission to withdraw. On September 30, 2016, Knight Johnson provided Mr. Torchia, by e-mail and to his home address by Federal Express Dockets.Justia.com Overnight Saturday Delivery, written notice of its intent to withdraw. Knight Johnson states its withdrawal will not delay this action, and it notes the discovery period does not expire until the end of December 2016 and a trial date has not been set. II. DISCUSSION Under Local Rule 83.1(E)(2)(b), a motion to withdraw as counsel must “state that the attorney has given the client fourteen (14) days prior notice of the attorney’s intention to request permission to withdraw.” LR 83.1(E)(2)(b), NDGa. Such notice must be served upon the client “personally or at that client’s last known address.” Id. Knight Johnson has met the requirements of Local Rule 83.1(E)(2)(b) because it gave Mr. Torchia fourteen (14) days prior notice of its intent to withdraw, and served Mr. Torchia at his last known address. Knight Johnson’s motion is granted. III. CONCLUSION For the foregoing reasons, IT IS HEREBY ORDERED that James M. Johnson, Sherri L. Buda and Knight Johnson, LLC’s Motion to Withdraw as Counsel of Record for James A. Torchia [260] is GRANTED. 2 SO ORDERED this 10th day of November, 2016. 3

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