Zamora et al v. Responsible Roofing, Inc. et al

Filing 47

ORDER Granting 37 Defense Counsel's Motion to Withdraw; Staying Proceedings; And Vacating Hearing on Plaintiffs' Motion to Consolidate. Signed by Judge Edward M. Chen on 7/10/2009. (emcsec, COURT STAFF) (Filed on 7/10/2009)

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1 2 3 4 5 6 7 8 9 10 v. RESPONSIBLE ROOFING, INC., et al., Defendants. ___________________________________/ PORFIRIO ZAMORA, et al., Plaintiffs, No. C-08-4905 EMC ORDER GRANTING DEFENSE COUNSEL'S MOTION TO WITHDRAW; STAYING PROCEEDINGS; AND VACATING HEARING ON PLAINTIFFS' MOTION TO CONSOLIDATE (Docket No. 37) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defense counsel has filed a motion to withdraw as counsel in this case. According to a declaration submitted by one of the attorneys, Defendants have consented to the withdrawal of counsel. See Malaspina Decl. 4. In addition, a copy of the motion to withdraw was served on Defendants but they did not file any response to the motion nor did they appear at the hearing on the motion. Because Defendants do not oppose the request to withdraw, and because the withdrawal would not appear to prejudice either Defendants or Plaintiffs (Plaintiffs also did not oppose the motion to withdraw or make an appearance), the Court hereby GRANTS the motion. The Court also orders as follows: (1) (2) Counsel shall immediately serve a copy of this order on Defendants. In the future, service on Paul Marvin Elmore, Jr., shall be made at the following address (unless the Court and the parties are notified otherwise by Mr. Elmore): P.O. Box #41414, San Jose, CA 95106. 1 2 3 4 5 6 7 8 9 10 (3) In the future, service on David Landeros shall be made at the following address (unless the Court and the parties are notified otherwise by Mr. Landeros): 539 North Santa Venetia, Los Banos, CA 93635. (4) In the future, service on Eduardo Pena shall be made at the following address (unless the Court and the parties are notified otherwise by Mr. Pena): 1357 El Cajon Lane, Los Banos, CA 93635. (5) In the future, service on Responsible Roofing shall be made at the following address (unless the Court and the parties are notified otherwise by Responsible Roofing): P.O. Box #41414, San Jose, CA 95106. (6) Mr. Elmore, Mr. Pena, and Mr. Landeros are henceforth deemed pro se litigants (i.e., United States District Court 11 For the Northern District of California litigants without representation by counsel) unless an appearance by counsel is made. (7) Responsible Roofing, as a corporation, may appear only through a member of the bar 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of this Court. See Civ. L.R. 3-9(b). Accordingly, the Court shall give Responsible Roofing until September 30, 2009, to find counsel and have counsel make an appearance in this case. Responsible Roofing is forewarned that, should it fail to have counsel make an appearance by the date specified, then it may be subject to a default judgment. (8) All proceedings in this case are stayed until September 30, 2009, in order to give Responsible Roofing an opportunity to obtain counsel. Accordingly, the Court hereby VACATES the August 4, 2009, hearing on Plaintiffs' motion to consolidate. The Court shall hold a case management conference in this case on October 7, 2009, at 2:30 p.m. At that point, the Court shall set a new hearing date for Plaintiffs' motion. This order disposes of Docket No. 37. IT IS SO ORDERED. Dated: July 10, 2009 _________________________ EDWARD M. CHEN United States Magistrate Judge 2

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