Lee vs. Metropolitan Life Insurance Company

Filing 23

ORDER signed by Judge Garland E. Burrell, Jr on 2/16/2010 DENYING 22 Stipulation and Proposed Order to shorten time for hearing on the motion to withdraw as counsel. (Matson, R)

1 2 3 4 5 6 7 8 JOSEPH LEE, 9 Plaintiff, 10 v. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 On February 12, 2010, Plaintiff's attorney and Plaintiff filed a "Stipulation To Order Shortening Time" ("Stipulation") on the hearing of Plaintiff's attorney's motion for an order authorizing his withdrawal as counsel for Plaintiff. The Stipulation reveals that the METROPOLITAN LIFE INSURANCE COMPANY, a New York Corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) 2:09-cv-01854-GEB-KJM ORDER DENYING REQUEST FOR ORDER SHORTENING TIME IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

motion "includes a request to continue the trial and extend the time for hearing on Summary Judgment Motions." Plaintiff, however, has not

shown that Defendant should not be provided an opportunity to respond to the portion of the motion seeking to continue scheduled dates. Local Rule 144(e) states "Ex parte applications to shorten time will not be granted except upon affidavit of counsel showing a satisfactory explanation for the need for the issuance of such an order and for the failure of counsel to obtain a stipulation for the issuance of such an order from other counsel or parties in the action." Plaintiff does

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not show that he attempted to obtain a stipulation from Defendant allowing a hearing to be scheduled on shortened time. Further, Plaintiff's attorney's motion to withdrawal as counsel does not state the current or last known address of counsel's client as required by Local Rule 182(d). This rule requires this

information when counsel seeks to withdraw as counsel and leave a client in propria persona. Therefore, the motion for shortening time for hearing on the motion is denied. Dated: February 16, 2010

GARLAND E. BURRELL, JR. United States District Judge

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