J & J Sports Productions, Inc. v. De La Cerda et al

Filing 25

ORDER to SUPPLEMENT the Motion to Withdraw as Defendants' Attorney of Record. 1) No later than March 8, 2013, Mr. Richardson shall supplement his motion to withdraw as counsel by filing the following: a) A statement setting forth his cli ent's last known address; and b) A proof of service showing his clients were served with the motion to withdraw; 2) Upon reviewing the supplemental information to be filed by Mr. Richardson, the Court reserves the right to take the matter under submission without a hearing pursuant to Local Rule 230(g); and 3) If the Court elects to take the matter under submission, a minute order will be issued prior to March 13, 2013. Order signed by Magistrate Judge Sheila K. Oberto on 3/5/2013. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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J & J SPORTS PRODUCTIONS, INC.,

CASE NO. 1:11-cv-01896-LJO-SKO

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ORDER TO SUPPLEMENT THE
MOTION TO WITHDRAW AS
DEFENDANTS' ATTORNEY OF
RECORD

Plaintiff,
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v.
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DANIEL DE LA CERDA, et al.,
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Defendants.
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/
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On February 8, 2013, Mr. Daniel Richardson, counsel for Defendants Daniel De La Cerda

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and Eric De La Cerda, individually and DBA Daniel's Mexican Grill, and Daniel's Mexican Grill,

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LLC ("Defendants"), filed a motion to withdraw as attorney of record. (Doc. 21.) Mr. Richardson

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indicates that he has been unable to contact Defendants for the past several months, and that they

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appeared to have moved from their last known address, failed to respond to emails, and the phone

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numbers provided to counsel are no longer in service. (Doc. 21-2.) Accordingly, it is unreasonably

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difficult for Mr. Richardson to carry out his representation of Defendants effectively. (Doc. 21-1.)

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While Mr. Richardson's motion sets forth the efforts he has made to contact his clients, the

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motion nonetheless requires further supporting documentation. First, Mr. Richardson's Declaration

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fails to state Defendants' last known address. Rule 182(d) of the Local Rules of the United States

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District Court, Eastern District of California requires that an attorney seeking to withdraw as counsel

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"shall provide an affidavit stating the current or last known address or addresses of the client . . . . ").

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Second, Mr. Richardson fails to state that Defendants were served via certified mail with a copy of

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this motion at their last known address and fails to provide a proof of this service of this motion. See

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Local Rule 182(d) ("an attorney who has appeared may not withdraw leaving the client in propria

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persona without leave of court upon noticed motion and notice to the client . . . . ").

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Accordingly, IT IS HEREBY ORDERED that:

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1.

No later than March 8, 2013, Mr. Richardson shall supplement his motion to

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withdraw as counsel by filing the following:

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a.

A statement setting forth his client's last known address; and

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b.

A proof of service showing his clients were served with the motion to

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withdraw;

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2.

Upon reviewing the supplemental information to be filed by Mr. Richardson, the

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Court reserves the right to take the matter under submission without a hearing

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pursuant to Local Rule 230(g); and

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3.

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If the Court elects to take the matter under submission, a minute order will be issued
prior to March 13, 2013.

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IT IS SO ORDERED.

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Dated:
cc0hp0

March 5, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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