Webb v. Wachovia Mortgage et al

Filing 35

ORDER signed by Judge Lawrence K. Karlton on 11/2/11: The hearing currently set for November 7, 2011 is VACATED. Defendant's application to appear telephonically at the hearing on Plaintiff's counsel's motion to withdraw at attorney is DENIED, as moot. The motion to withdraw is GRANTED 32 . Counsel is ORDERED to release all client papers and property to client within fifteen (15) days of the date of this order. Attorney Carl Frederick Schetter terminated. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANCIES WEBB,
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NO. CIV. S-11-0516 LKK/GGH
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Plaintiff,
v.
O R D E R

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WACHOVIA MORTGAGE, a
division of WELLS FARGO
BANK, N.A., et al.,

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Defendants.
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/
Pending before the court is a motion by Carl F. Schetter for

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leave to withdraw as counsel for Plaintiff Francies Webb.

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Counsel’s Mot., ECF No. 32 (Sept. 28, 2011).

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an opposition or statement of non-opposition to the motion.

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hearing on the motion is currently set for November 7, 2011, for

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which Defendant Wachovia Mortgage has filed an application to

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appear telephonically.

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The court does not find oral argument on this motion to be

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necessary.

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Pl’s

No party has filed
A

Def’s Appl., ECF No. 34 (Nov. 1, 2011).

Mr. Schetter (“Counsel”) claims that he was the attorney of
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record for Plaintiff in this action filed in Solano County Superior

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Court

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detainer action, but that he was substituted out as counsel in the

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Solano County actions.

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withdraw

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disagreements with Plaintiff with respect to proceeding in these

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legal matters have become “an obstacle to prosecution of the

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claim”; and Plaintiff has failed to communicate with Counsel,

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making it “impossible to continue his representation.” Id. at 1-2.

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Counsel asserts that this request to withdraw as counsel will not

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adversely

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“sufficient time for plaintiff to seek and retain new counsel to

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prepare this case for trial.”

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and

also

represented

because

affect

he

her

in

the

accompanying

ECF No. 32, at 1.
does

not

Plaintiff

or

practice

Defendant

unlawful

Counsel seeks to

in

and

federal

that

courts;

there

is

Id. at 2.

Mr. Schetter has provided notice of this motion to Plaintiff

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and counsel for Defendant.

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Proof Service, ECF No. 33 (Sept. 28,

2011).

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Accordingly, the court ORDERS as follows:

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1.

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The hearing currently set for November 7, 2011 is
VACATED.

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Defendant’s application to appear telephonically at the

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hearing on Plaintiff’s counsel’s motion to withdraw at

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attorney is DENIED, as moot.

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3.

The motion to withdraw, ECF No. 32, is GRANTED.

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4.

Counsel is ORDERED to release all client papers and

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property to client within fifteen (15) days of the date

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of this order, including correspondences, pleadings,
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deposition transcripts, exhibits, physical evidence,

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expert reports, and other items reasonably necessary to

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the client’s representation, whether the client has paid

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for them or not, in accordance with Rule 3-700(D) of the

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California Rules of Professional Conduct.

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IT IS SO ORDERED.

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DATED:

November 2, 2011.

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