Roberson vs. Danny Ontiverous Trucking, et al.

Filing 38

ORDER DIRECTING Moving Counsel for Defendants to File a Proof of Service on the Client of the Motion to Withdraw No Later Than Five Days After the Date of Service of This Order. ORDER DIRECTING Counsel to File a Supplemental Declaration. signed by Judge Sandra M. Snyder on 2/20/2009. (Herman, H)

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UNITED STATES DISTRICT COURT
7 EASTERN DISTRICT OF CALIFORNIA 8 9 PAUL ROBERSON, 10 Plaintiff, 11 v. 12 DANNY ONTIVEROS TRUCKING, et al., 13 Defendants. 14 15 16 Plaintiffs are proceeding with a civil action in this Court. ) ) ) ) ) ) ) ) ) ) ) 1:08-cv-552-LJO-SMS ORDER DIRECTING MOVING COUNSEL FOR DEFENDANTS TO FILE A PROOF OF SERVICE ON THE CLIENT OF THE MOTION TO WITHDRAW NO LATER THAN FIVE DAYS AFTER THE DATE OF SERVICE OF THIS ORDER ORDER DIRECTING COUNSEL TO FILE A SUPPLEMENTAL DECLARATION

17 The matter has been referred to the Magistrate Judge pursuant to 18 28 U.S.C. § 636(b) and Local Rules 72-302 and 72-303. 19 Counsel for Defendants filed a motion to withdraw as

20 attorney of record on January 28, 2009, in this case; the 21 Defendants will be left without counsel and will be proceeding 22 pro se if the motion is granted. None of the papers submitted 23 with the motion reflected that notice of the actual motion to 24 withdraw itself was given to the client; however, Local Rule 8325 182(d) expressly requires that an attorney who has appeared may 26 not withdraw and leave the client in propria persona without 27 leave of Court upon noticed motion "and notice to the client...." 28 The moving attorney IS DIRECTED to file a proof of service, 1

1 made under penalty of perjury as required by the local rules, of 2 the motion and all related papers on the client no later than 3 five days after the date of service of this order. 4 Should an adequate proof of service on the client not be

5 filed within the five-day period, the hearing on the motion will 6 be vacated. 7 Further, if counsel is aware of a current telephone number

8 for the client, counsel IS DIRECTED to file a supplemental 9 declaration stating the telephone number no later than five days 10 after the date of service of this order. 11 12 IT IS SO ORDERED. 13 Dated: icido3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 February 20, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE