Paskenta Band of Nomlaki Indians et al v. Crosby et al

Filing 479

ORDER signed by Senior Judge Morrison C. England, Jr., on 1/10/2020 GRANTING 469 Motion to Withdraw as Attorney. The law firm of Keker, Van Nest & Peters LLP is TERMED as counsel of record for Defendants Ines Crosby, John Crosby, Leslie Lohse, L arry Lohse, Ted Pata, Juan Pata, Chris Pata, Sherry Myers, and Frank James, effective upon the filing of a proof of service of this signed Order on said Defendants. Defendants will be proceeding in propia persona, pending the submission of any substitution of counsel. (Kastilahn, A)

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KEKER, VAN NEST & PETERS LLP
ELLIOT R. PETERS - # 158708
[e-mail]
MATTHEW WERDEGAR - # 200470
[e-mail]
ERIN E. MEYER - #274244
[e-mail]
633 Battery Street
San Francisco, CA 94111-1809
Telephone:
415 391 5400
Facsimile:
415 397 7188
Attorneys for Defendants INES CROSBY;
JOHN CROSBY; LESLIE LOHSE; LARRY
LOHSE; TED PATA; JUAN PATA; CHRIS
PATA; SHERRY MYERS; FRANK JAMES

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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PASKENTA BAND OF NOMLAKI
INDIANS; and PASKENTA
ENTERPRISES CORPORATION,
Plaintiffs,
v.
INES CROSBY; et al.,
Defendants.

Case No. 2:15-cv-00538-MCE -CMK
ORDER GRANTING MOTION TO
WITHDRAW AS COUNSEL FOR
DEFENDANTS INES CROSBY, JOHN
CROSBY, LESLIE LOHSE, LARRY
LOHSE, TED PATA, JUAN PATA, CHRIS
PATA, SHERRY MYERS, AND FRANK
JAMES.

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Date:
Time:
Courtroom:
Judge:

January 9, 2020
2:00 p.m.
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Hon. Morrison C. England, Jr.

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Date Filed: March 10, 2015
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Before the Court is the Motion to Withdraw as Counsel for Defendants Ines Crosby, John

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Crosby, Leslie Lohse, Larry Lohse, Ted Pata, Juan Pata, Chris Pata, Sherry Myers, and Frank

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James (the “Defendants”) filed by Defendants’ counsel, the law firm of Keker, Van Nest & Peters

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LLP on November 27, 2019. ECF No. 469. This matter was scheduled for hearing on January 9,

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2020 in Courtroom 7, before the Honorable Morrison C. England of the above-entitled Court, and

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1358107

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ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL
Case No. 2:15-cv-00538-MCE -CMK

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subsequently was submitted on the papers. On December 19, 2019, Plaintiffs and Defendant

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Associated Pension Consultants, Inc. filed Statements of Non-Opposition to Defendants’ Motion.

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ECF Nos. 478, 479. No opposition was submitted by Defendants, and the Declaration of Erin E.

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Meyer indicates that Defendants were each contacted by counsel and expressly consented to

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counsel’s withdrawal.

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This motion is governed by the requirements of Local Rule 182(d), which provides that

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an attorney may not withdraw, leaving a client in propria persona, absent noticed motion and an

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affidavit from counsel showing the efforts made to provide notification of the attorney’s intent to

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withdraw. Keker, Van Nest & Peters LLP has complied with those requirements and its request

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to withdraw is accordingly proper.
Because counsel’s request is both procedurally correct and unopposed, the Motion to
Withdraw as Counsel of Record (ECF No. 469) is GRANTED. The law firm of Keker, Van Nest
& Peters LLP is consequently relieved as counsel of record for Defendants effective upon the

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filing of a proof of service of this signed Order on said Defendant.
Pending the submission of any substitution of counsel filed by Ines Crosby, John Crosby,
Leslie Lohse, Larry Lohse, Ted Pata, Juan Pata, Chris Pata, Sherry Myers, and/or Frank James,
the Clerk is notified that these Defendants are proceeding in propia persona, and their addresses
are listed in the Declaration of Erin E. Meyer filed concurrently with the Motion to Withdraw.
IT IS SO ORDERED.
Dated: January 10, 2020

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1358107

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ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL
Case No. 2:15-cv-00538-MCE -CMK