Vega et al v. Downey Savings & Loan et al

Filing 52

ORDER by Judge Thelton E. Henderson granting 46 Motion to Withdraw as Attorney. Attorney Shawn Robert Parr terminated as counsel for Absolute Investment Group, which shall have until 10/30/09 to find new counsel. (tehlc3, COURT STAFF) (Filed on 8/26/2009)

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

RAFAEL CACHO VEGA and MIGUEL CACHO VEGA, Plaintiffs, v. DOWNEY SAVINGS AND LOAN, et al., Defendants. NO. C07-6304 TEH ORDER GRANTING MOTION TO WITHDRAW BY COUNSEL FOR DEFENDANT ABSOLUTE INVESTMENT GROUP

United States District Court

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For the Northern District of California

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This matter comes before the Court on the motion by Shawn R. Parr and the Parr Law

13 Group to withdraw as attorneys of record for Defendant Absolute Investment Group dba 14 Palacio Mortgage ("Absolute Investment Group"). On August 17, 2009, this Court issued an 15 order stating that the motion would be granted with conditions if no further responses were 16 received by August 24, 2009. That deadline has now passed, and no responses have been 17 received. Accordingly, with good cause appearing, IT IS HEREBY ORDERED that: 18 1. The September 14, 2009 motion hearing and case management conference are

19 VACATED. 20 2. The motion by Shawn R. Parr and the Parr Law Group to withdraw as counsel of

21 record for Absolute Investment Group is GRANTED. 22 3. Pursuant to Civil Local Rule 11-5(b), papers may continue to be served on Mr.

23 Parr for forwarding purposes to Absolute Investment Group unless and until it obtains 24 substitute counsel. 25 4. Absolute Investment Group shall have until October 30, 2009, to locate substitute

26 counsel. 27 a. If counsel files an appearance by that date, then this Court will issue an order

28 setting a further case management conference.

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b. If no counsel has filed an appearance on behalf of Absolute Investment Group

2 by that date, then the answer previously filed on behalf of Absolute Investment Group shall 3 be stricken and default judgment against Absolute Investment Group shall be entered. The 4 Court will then terminate this case administratively, as the case has been settled as to 5 Defendant Pablo Curiel, with payment to occur over the following sixteen months, and the 6 case is stayed as to Defendant Linda Tran pending her bankruptcy proceedings. An 7 administrative termination would not be considered a dismissal or disposition of this action 8 and, should further proceedings in this litigation become necessary or desirable, any party 9 would be able to initiate it in the same manner as if the termination had not been entered. 10 5. Mr. Parr shall serve a copy of this order on Absolute Investment Group by serving

United States District Court

11 its sole representative, Ms. Tran. He shall file proof of such service on or before August 31,
For the Northern District of California

12 2009. 13 14 IT IS SO ORDERED. 15 16 Dated: 08/26/09 17 18 19 20 21 22 23 24 25 26 27 28 2 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT