Simon v. Adzilla, Inc [New Media] et al

Filing 70

MOTION AND [PROPOSED] ORDER to Withdraw as Attorney filed by Susan Simon. Motion Hearing set for 2/26/2010 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Aschenbrener, Michael) (Filed on 1/15/2010) Modified on 1/19/2010 (aaa, COURT STAFF).

Simon v. Adzilla, Inc [New Media] et al

Doc. 70

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David C. Parisi, Esq. - SBN 162448 1 Suzanne Havens Bechman, Esq. ­ SBN 188814 [e-mail] 2 [e-mail] PARISI & HAVENS, LLP 3 15233 Valleyheart Drive Sherman Oaks, California 91403 4 Telephone: [phone] Facsimile: [phone] 5 David Stampley (admitted pro hac vice) 6 Scott A. Kamber KamberLaw, LLC 7 [e-mail] [e-mail] 8 11 Broadway, 22nd Floor New York, NY 10004 9 Telephone: [phone] Facsimile: [phone] 10 Joseph H. Malley (admitted pro hac vice) 11 [e-mail] 12 LAW OFFICE OF JOSEPH H. MALLEY 1045 North Zang Boulevard 13 Dallas, Texas 75208 Ph. [phone] 14 Fax [phone] ATTORNEYS FOR PLAINTIFFS 16 17 18 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

19 SUSAN SIMON, individually and on behalf of a class of similarly situated individuals, 20 Plaintiff, 21 v. 22 ADZILLA, INC. (NEW MEDIA), a Delaware 23 corporation, et al., 24 25 26 27 28 NOTICE OF MOTION AND MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF Defendants.

Case No.: 3:09-cv-00879-MMC MICHAEL J. ASCHENBRENER'S NOTICE OF MOTION AND MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF; [PROPOSED] ORDER GRANTING MOTION TO WITHDRAW Date: Time: Judge: February 26, 2010 9:00 a.m. The Hon. Maxine M. Chesney

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Dockets.Justia.com

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NOTICE OF MOTION

2 TO THE PARTIES AND THEIR ATTORNEYS OF RECORD: 3 PLEASE TAKE NOTICE that, on Friday, February 26, 2010, at 9:00 a.m., or as soon

4 thereafter as the matter may be heard before the Honorable Maxine M. Chesney, United States 5 District Judge, Courtroom 7, 19th Floor, of the United States District Court for the Northern 6 District of California, San Francisco Division, 450 Golden Gate Avenue, San Francisco, 7 California 94102, Michael J. Aschenbrener, of Edelson McGuire, LLC, 350 North LaSalle Street, 8 Suite 1300, Chicago, Illinois 60654, shall and hereby does respectfully seek leave of this Court, 9 pursuant to LOCAL R. 11-5(a) and in compliance with CAL. R. PROF. CONDUCT 3-700, to withdraw 10 as counsel for Plaintiff Susan Simon. 11 12 MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFFS Pursuant to LOCAL R. 11-5, Michael J. Aschenbrener ("Movant") hereby notifies the

13 parties and the Court of his intent to withdraw as counsel pro hac vice for Plaintiffs. Movant 14 states the following grounds for this notice and motion: 15 1. This Court granted Movant leave to appear pro hac vice in this action pursuant to

16 its June 10, 2009, Order. 17 2. Movant has represented Plaintiffs as part of his employment at KamberEdelson,

18 LLC ("KamberEdelson"). However, KamberEdelson, LLC has changed its name and no longer 19 represents any clients in this case. Scott A. Kamber and David Stampley, formerly of 20 KamberEdelson and now of the law firm KamberLaw, LLC are actively involved in Plaintiff's 21 litigation. Joseph H. Malley, of the Law Office of Joseph H. Malley and David Parisi of Parisi 22 and Havens, LLP, also represent Plaintiff. 23 3. Movant's withdrawal will not cause any prejudice or delay in this case. All parties

24 have counsel active in their representation, who will not require any additional time to review or 25 acclimate to the absence of Movant as counsel pro hac vice. 26 4. Given the insubstantial nature of this Motion, as well as the substantial burden to

27 all parties in travelling and attending a hearing on this Motion, Movant respectfully requests that 28 NOTICE OF MOTION AND MOTION TO 1
Case No. 3:09-cv-00879-MMC WITHDRAW AS COUNSEL FOR PLAINTIFF

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1 the Court waive oral argument. 2 THEREFORE, Movant Michael J. Aschenbrener respectfully requests that this Court

3 waive oral argument on this Motion, grant him leave to withdraw as counsel pro hac vice in the 4 above-captioned matter, and enter an order stating that Movant has so withdrawn. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
NOTICE OF MOTION AND MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF

Dated: January 15, 2010

Michael J. Aschenbrener EDELSON MCGUIRE, LLC By: s/ Michael J. Aschenbrener Attorney for Plaintiffs

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PROOF OF SERVICE

The undersigned certifies that, on January 15, 2010, he caused this document to be electronically filed with the Clerk of Court using the CM/ECF system, which will send 3 notification of filing to counsel of record for each party. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
NOTICE OF MOTION AND MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF Case No. 3:09-cv-00879-MMC

s/Michael J. Aschenbrener Michael J. Aschenbrener

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David C. Parisi, Esq. - SBN 162448 1 Suzanne Havens Bechman, Esq. ­ SBN 188814 [e-mail] 2 [e-mail] PARISI & HAVENS, LLP 3 15233 Valleyheart Drive Sherman Oaks, California 91403 4 Telephone: [phone] Facsimile: [phone] 5 David Stampley (admitted pro hac vice) 6 Scott A. Kamber KamberLaw, LLC 7 [e-mail] [e-mail] 8 11 Broadway, 22nd Floor New York, NY 10004 9 Telephone: [phone] Facsimile: [phone] 10 Joseph H. Malley (admitted pro hac vice) 11 [e-mail] 12 LAW OFFICE OF JOSEPH H. MALLEY 1045 North Zang Boulevard 13 Dallas, Texas 75208 Ph. [phone] 14 Fax [phone] ATTORNEYS FOR PLAINTIFFS 16 17 18 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

19 SUSAN SIMON, individually and on behalf of a class of similarly situated individuals, 20 Plaintiff, 21 v. 22 ADZILLA, INC. (NEW MEDIA), a Delaware 23 corporation, et al., 24 25 26 27 28 [PROPOSED] ORDER GRANTING MOTION TO
WITHDRAW AS COUNSEL FOR PLAINTIFF

Case No.: 3:09-cv-00879-MMC [PROPOSED] ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF Date: Time: Judge: February 26, 2010 9:00 a.m. The Hon. Maxine M. Chesney

Defendants.

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Michael J. Aschenbrener seeks to withdraw as counsel pro hac vice for Plaintiff in the

2 above-captioned litigation pursuant to LOCAL R. 11-5(a) and CAL. R. PROF. CONDUCT 33 700(A)(1). As this Court finds that Mr. Aschenbrener has submitted satisfactory reasoning for 4 withdrawal, and that the granting of his Motion will not cause substantial prejudice or delay to any 5 party, 6 IT IS HEREBY ORDERED that Michael J. Aschenbrener's Motion to Withdraw as Counsel

7 for Plaintiff is GRANTED, and Michael J. Aschenbrener is hereby terminated as counsel pro hac 8 vice in this proceeding. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[PROPOSED] ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF

DATED: __________________

By: Hon. Maxine M. Chesney United States District Court

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Case No. 3:09-cv-00879-MMC