Muldrew, et al. v. County of Fresno, et al.

Filing 39

ORDER Granting Motion To Withdraw As Attorney Of Record For Plaintiff Ivana Muldrew (Document 21 ), ORDER VACATING 12 Scheduling Order As To Plaintiff Muldrew, ORDER Setting Status Conference, signed by Magistrate Judge Dennis L. Beck on 6/29/2010. (Plaintiff's Status Report Deadline: 7/23/2010, Status Conference set for 8/30/2010 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck) (Scrivner, E)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 IVANA MULDREW, et al., 9 10 11 12 13 Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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UNITED STATES DISTRICT COURT
) ) ) ) ) ) ) ) ) ) ) ) ) 1:09cv0023 OWW DLB ORDER GRANTING MOTION TO WITHDRAW AS ATTORNEY OF RECORD FOR PLAINTIFF IVANA MULDREW (Document 21) ORDER VACATING SCHEDULING ORDER AS TO PLAINTIFF MULDREW ORDER SETTING STATUS CONFERENCE

Plaintiff, v. COUNTY OF FRESNO, et al.,

On May 20, 2010, Rayma Church, of the law firm Emerson, Corey, Sorensen, Church & Libke, counsel for both Plaintiff Ivana Muldrew and Darren Hise, filed the instant motion to withdraw as counsel of record for Plaintiff Muldrew. The matter was heard on June 25, 2010, before the Honorable Dennis L. Beck, United States Magistrate Judge. Ms. Church and Ms. Muldrew appeared. Michael Woods appeared on behalf of Defendants County of Fresno Kenneth Taniguichi.1 FACTUAL AND PROCEDURAL BACKGROUND Plaintiffs filed this discrimination action on January 6, 2009. The pre-trial conference is currently set for August 23, 2010, and trial is set for September 28, 2010. Defendants filed motions for summary judgment, which are set to be heard on June 28, 2010.

Mr. W o o d s was present only during the portion of the hearing that was not held in camera.

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On May 20, 2010, Ms. Church, filed the instant motion to withdraw. Ms. Muldrew did not respond to the motion, but appeared at the hearing. During the hearing, Defendants indicated that they did not object to the motion to withdraw but hoped to retain the September 28, 2010, trial date, at least with respect to Plaintiff Hise. Defendants acknowledged that if Ms. Church is relieved as counsel for Ms. Muldrew, a continuance will be necessary. DISCUSSION Local Rule 182(d) provides: Unless otherwise provided herein, an attorney who has appeared may not withdraw leaving the client in propria persona without leave of court upon noticed motion and notice to the client and all other parties who have appeared. The attorney shall provide an affidavit stating the current or last known address or addresses of the client and the efforts made to notify the client of the motion to withdraw. Withdrawal as attorney is governed by the Rules of Professional Conduct of the State Bar of California, and the attorney shall conform to the requirements of those Rules. The authority and duty of the attorney of record shall continue until relieved by order of the Court issued hereunder. Leave to withdraw may be granted subject to such appropriate conditions as the Court deems fit. See also Cal. Rules of Prof'l Conduct R. 3-700. Ms. Church requests that she be relieved as counsel based on her belief that an irreconcilable conflict has arisen between her and Ms. Muldrew. Following an in camera hearing and inspection of documents, the motion to withdraw as counsel of record is GRANTED. The Clerk of the Court is ORDERED to RELIEVE Rayma Church and the law firm of Emerson, Corey, Sorensen, Church & Libke as counsel of record for Ms. Muldrew and SUBSTITUTE Plaintiff Muldrew, appearing pro se. The Court further VACATES the dates contained in the April 10, 2009, Scheduling Conference Order as to Plaintiff Muldrew ONLY. The dates SHALL remain applicable to Plaintiff Hise.

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1 2 3 4 5 6 7 8 9 10 11 3b142a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

A status conference is SCHEDULED for August 30, 2010, at 9:00 a.m., in Courtroom 9. Plaintiff Muldrew shall file a written status report no later than July 23, 2010, regarding efforts to obtain substitute counsel. It is FURTHER ORDERED that Ms. Church serve a copy of this order on Plaintiff Muldrew. Plaintiff Muldrew's address for service is: Ivana Muldrew 4648 East Dakota Avenue Fresno, CA 93726 IT IS SO ORDERED. Dated:

June 29, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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