Sorci v. Hecker et al

Filing 12

ORDER directing counsel to further substantiate 9 First MOTION to Withdraw as Attorney filed by Dennis E. Hecker (vrwlc2, COURT STAFF) (Filed on 7/16/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOHN J SORCI, individually and as trustee under the FIRST AMENDED AND COMPLETE RESTATEMENT OF THE JOHN R SORCI TRUST created 04/24/02, dated 02/09/07, Plaintiff, v DENNIS E HECKER, aka DENNIS HECKER, aka DENNY HECKER, AUTOCAL, LLC, and DOES 1 through 25, inclusive, Defendant. / Charles S Yesnick of the law firm Prindle, Decker & Amaro ("Prindle") and Timothy R Thornton of the law firm Briggs and Morgan, P A ("Briggs") are attorneys of record for defendant Dennis Hecker. Doc #4 at 2. Briggs moved to withdraw as counsel for No C-09-996 VRW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Hecker on the ground that Hecker is unable to pay outstanding legal fees owed to Briggs. Doc #9. Thornton submitted an affidavit

stating that Briggs has requested payment from Hecker of

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

outstanding invoices for legal fees and Hecker has not paid the outstanding fees. Doc #9. Thornton also stated that Hecker Id at 7.

consents to Briggs' withdrawal.

Briggs' motion does not mention the involvement of the other counsel of record, Yesnick of Prindle, though the submitted proposed order requests the withdrawal of Prindle as well. #11. Doc

Briggs' submissions also do not include the unpaid invoices

or a statement from Hecker that he is unable to pay the invoices or that he consents to withdrawal. Accordingly, Briggs is DIRECTED to

substantiate that there remain past due invoices to both Briggs and Prindle and that Thornton either cannot pay these past due invoices or consents to withdrawal. The court will continue to require

withdrawing counsel to receive electronic filings in this case on behalf of Hecker until Hecker obtains new counsel.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

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