MMCA Group Ltd. v. Hewlett-Packard Company et al

Filing 519

ORDER GRANTING REQUEST OF WITHDRAWAL AS COUNSEL FOR DEFENDANT PICA. Matthew R. Planey is allowed to withdraw as counsel of record for defendant PICA. Signed by Judge Maxine M. Chesney on May 18, 2009. (mmclc2, COURT STAFF) (Filed on 5/18/2009)

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Matthew R. Planey, Esq. (OH. Bar No.: 0066662) Crabbe, Brown & James LLP 500 South Front Street, Ste. 1200 Columbus, Ohio 43215 Telephone: [phone] Facsimile: 614-229-4559 Email: [e-mail]

Donald S. Simon, Esq. (CA. Bar No.: 189992) Wendel, Rosen, Black & Dean LLP 1111 Broadway, 24th Floor Oakland, California 94607 Telephone: [phone] Facsimile: 510-291-2843 Email: [e-mail] Attorneys for Defendant PICA Corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) MMCA Group, Ltd., a Virginia ) Corporation, CASE NO.: CV-06-07067-MMC ) ) Plaintiff, ) vs. NOTICE OF REQUEST OF ) WITHDRAWAL AS COUNSEL FOR ) HEWLETT-PACKARD COMPANY, a DEFENDANT PICA AND ) Delaware Corporation, PINKERTON [PROPOSED] ORDER THEREON ) CONSULTING & INVESTIGATIONS ) EUROPE, a foreign Corporation, PICA, ) an Ohio Corporation, RODOLFO DIAZ, ) Judge: Hon. Maxine M. Chesney an individual, WARREN ROTHER, an ) individual alien, ROBERT COZZOLINA, ) an individual, and KEVIN HUNSAKER, ) an individual. ) ) Defendants. ) TO THE HONORABLE COURT AND OPPOSING COUNSEL: Defendant PICA, by and through the undersigned attorneys, respectfully request the following: Defendant PICA had been represented in this matter by Luis M. Alcalde, Esq. and Notice of Request of Withdrawal as Counsel and Proposed Order Thereon Case No.: CV-06-7067-MMC 1

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Donald S. Simon, Esq.

On January 29, 2007, Defendant PICA submitted a

Motion/Application for Admission of Matthew R. Planey, Esq. pro hac vice to also appear in this matter as counsel for Defendant PICA. On that same date, this Court entered an Order granting said Motion/Application. Since that time, Matthew R. Planey, Esq., of the law firm of Crabbe, Brown & James, LLP in Columbus, Ohio has continued to appear on the Court docket as a counsel of record of Defendant PICA. As of July 27, 2008, Luis M. Alcalde, Esq.'s relationship with the law firm of Crabbe, Brown & James, LLP ended and he became President and General Counsel of Defendant PICA. Since that time, Mr. Planey has not been actively involved in the defense of Defendant PICA. Due to an oversight, Matthew R. Planey, Esq. of the law firm of Crabbe, Brown & James, LLP remains on the Court's docket as a counsel of record of Defendant PICA. On May 7, 2009, this Court granted Mr. Alcalde's and Mr. Simon's Application to Withdraw as Counsel for Defendant PICA. In order to correct this oversight and to clear up the Court's docket, Matthew R. Planey, Esq. seeks to withdraw from representing Defendant PICA and being a counsel of record in this matter. In this regard, Defendant PICA has acquiesced to Mr. Planey's withdrawal of their legal representation herein. In view of the foregoing, the undersigned attorneys respectfully request that this Honorable Court authorized the withdrawal of Mr. Planey as one of Defendant PICA's legal counsel. Defendant PICA further requests that this Court, Plaintiff and Defendants and their respective counsel cease providing notices of orders and motions to Mr. Planey with respect to this case Respectfully submitted,

Dated:__May 12, 2009_______

s/Donald S. Simon Donald S. Simon, Esq. Attorney for Defendant PICA

Notice of Request of Withdrawal as Counsel and Proposed Order Thereon Case No.: CV-06-7067-MMC 2

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Dated:__May 12, 2009________

s/Matthew R. Planey Matthew R. Planey, Esq. Crabbe, Brown & James, LLP

Notice of Request of Withdrawal as Counsel and Proposed Order Thereon Case No.: CV-06-7067-MMC 3

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[PROPOSED] ORDER OF THE COURT

The request of Defendant PICA and Matthew R. Planey, Esq. that Mr. Planey be allowed to withdraw as counsel of record for Defendant PICA in this above-entitled matter is hereby APPROVED. Pursuant to Local Rule 11-5(b), papers in this action shall continue to be served upon Mr. Simon for forwarding purposes only until the earlier of (I) 30 days from the date of May 7, 2009 Order granting Mr. Simon's Application to Withdraw as Counsel for Defendant PICA, or (ii) when Defendant PICA files a Notice of New Counsel. Service of papers on Mr. Simon shall not be effective after 30 days.

Dated:_Ma_________________ __ y 18, 2009

________________________________ Maxine M. Chesney, U.S. District Court Judge

Notice of Request of Withdrawal as Counsel and Proposed Order Thereon Case No.: CV-06-7067-MMC 4