Arthur et al v. Merck & Co Inc et al

Filing 51

ORDER to show cause re: motion to withdraw as counsel (Joe Bynum, 06-2862). Signed by Judge Charles R. Breyer on 9/2/2008. (crblc1, COURT STAFF) (Filed on 9/2/2008)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

IN RE BEXTRA AND CELEBREX MARKETING, SALES PRACTICES AND 12 PRODUCT LIABILITY LITIGATION,
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No. MDL 05-01699 CRB ORDER RE: MOTION TO WITHDRAW AS COUNSEL

/ This document relates to: JOE BYNUM, 06-2862 CRB ___________________________________/

Now pending for decision is the motion of Douglas C. Monsour to withdraw as counsel of record for plaintiff Joe Bynum in the above matter. After carefully considering the motion, the Court ORDERS PLAINTIFF TO SHOW CAUSE as to why (1) the motion of Joe Bynum to withdraw as counsel of record should not be granted; and (2) plaintiff's lawsuit should not be dismissed for a lack of prosecution. See Fed. R. Civ. P. 41. If plaintiff has new counsel, such counsel shall file a notice of substitution of counsel on or before October 2, 2008. If no substitution of counsel is filed, and plaintiff wishes to contest the withdrawal of counsel and/or dismissal of plaintiff's lawsuit for failure to prosecute, plaintiff shall notify the Court in writing on or before October 2, 2008 of the reasons the withdrawal should not be granted or the case dismissed. If plaintiff will be proceeding without a lawyer, plaintiff must advise the Court of how the

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Court should contact plaintiff. Plaintiff is warned that plaintiff's failure to communicate with the Court in writing as set forth above may result in dismissal of plaintiff's claims with prejudice. Plaintiff's counsel Douglas C. Monsour shall ensure that plaintiff and plaintiff's putative counsel receive a copy of this Order. IT IS SO ORDERED. Dated: September 2, 2008

CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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