Davis v. Kings County Probation

Filing 30

ORDER signed by Magistrate Judge Sandra M. Snyder on 3/21/2012 granting 22 Motion to Withdraw as Attorney. Attorney Thomas W. Degn terminated from action. Plaintiff David L. Davis to proceed pro se. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID L. DAVIS,

CASE NO. 1:10-cv-01953-AWI-SMS

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Plaintiff,
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v.
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KINGS COUNTY PROBATION and
DOES 1 to 50 inclusive,

ORDER GRANTING GUBLER, KOCH,
DEGN & GOMEZ, LLP, LEAVE TO
WITHDRAW AS COUNSEL FOR PLAINTIFF
(Doc. 22)
ORDER DIRECTING CLERK TO SERVE
PRO SE PLAINTIFF

Defendants.
/ O R D E R V A C A T IN G
CONFERENCE

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S E T T LE M E N T

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On February 14, 2012, Gubler, Koch, Degn & Gomez, LLP, counsel for Plaintiff, moved

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to withdraw as counsel, stating that Plaintiff and counsel were in serious and irreconcilable

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disagreement on case strategy. The Court heard the motion on March 21, 2012. Thomas W.

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Degn appeared telephonically as counsel to Plaintiff; Michelle Sassano appeared telephonically

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on behalf of Defendant. Plaintiff David L. Davis appeared telephonically on his own behalf.

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Having considered the matters addressed at the hearing and all written materials submitted, the

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Court grants counsel’s motion to withdraw.

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Local Rule 83-182(d) provides, in pertinent part, “Withdrawal as attorney is governed by

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the Rules of Professional Conduct of the State Bar of California, and the attorney shall conform

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to the requirements of those Rules.” California’s rules require the notice of motion and

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declaration to be served on the client and all other parties who have appeared in the case. CRC

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3.1362(d). Counsel served all parties with the notice of motion to withdraw.
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Plaintiff David L. Davis is advised that failure to take appropriate legal action may result

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in serious legal consequences. The Court strongly advises Plaintiff to consider obtaining new

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counsel or other legal assistance. In view of Plaintiff’s stated intent to secure alternate counsel,

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the settlement conference scheduled for May 16, 2012 at 10:00 a.m. before Judge Snyder is

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VACATED. All other dates shall remain unchanged until Plaintiff, proceeding pro se; his new

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counsel; or Defendant request an informal scheduling or status conference.

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Plaintiff has advised the Court that telephone messages may be left for him at 559-587-

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9855 until he has installed telephone service in his new home. Plaintiff is directed to advise the

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Court of his new telephone number within seven (7) days of the installation of service.

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The Motion to Withdraw as Counsel for Plaintiff David L. Davis, brought by Gubler,

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Hoch, Degn & Gomez, LLP, is hereby GRANTED. The Clerk of Court is directed to amend the

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docket to reflect same, until he retains new counsel, Plaintiff David L. Davis shall proceed pro

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se, and to direct this order and all relevant notices and filings to Mr. Davis at his current address

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as follows:

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David L. Davis
850 Greenfield Avenue
Hanford, CA 93230
559-587-9855

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IT IS SO ORDERED.
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Dated:
icido3

March 21, 2012

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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