Gaynor
Gaynor v. Slade
Opinion
Trial Court Opinion
I. BACKGROUND
21 Plaintiffs brought this action against Defendants for breach of a promissory note on 22 a piece of real property located in Montana. ECF No. 3. Defendants have been 23 represented by their counsel, George Straggas (“Straggas”), since the start of the 24 litigation when they filed their answer. ECF No. 6. The Court issued a scheduling order 25 on August 4, 2021, and on September 7, 2021, the parties consented to magistrate 26 jurisdiction. ECF Nos. 19, 24. On August 17, 2022, the Court held a Mandatory 27 Settlement Conference, but the case did not settle. ECF No. 35. 28 Just prior to the settlement conference, on August 16, 2022, Defendants notified the Court that they retained a bankruptcy attorney, Deepalie Milie Joshi (“Joshi”), who indicated that it was their intention to file for bankruptcy within three to five weeks. ECF No. 36 at 3. Mr. Straggas states that he confirmed Defendants intention to file for bankruptcy on September 15. Id. However, to date, the Court has not been notified that such a petition has actually been filed. II. DISCUSSION “In ruling on a motion to withdraw as counsel, courts consider:…