Jorge Quezada v. Con-Way Inc.

Filing 177

ORDER REGARDING PLAINTIFF'S ADMINISTRATIVE MOTION TO WITHDRAW AND MOTION TO SHORTEN TIME. Replies due by 11/12/2013. Responses due by 11/8/2013.. Signed by Judge JEFFREY S. WHITE on 11/5/13. (jjoS, COURT STAFF) (Filed on 11/5/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JORGE R. QUEZADA,

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Plaintiff,

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For the Northern District of California

United States District Court

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No. C 09-03670 JSW

v.
CON-WAY FREIGHT, INC.,
Defendant.

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/

ORDER REGARDING
PLAINTIFF’S ADMINISTRATIVE
MOTION TO WITHDRAW AND
MOTION TO SHORTEN TIME

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Now before the Court is the administrative motion to allow Westrup Klick, LLP to

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withdraw as counsel for Plaintiff and to substitute in Marlin & Saltzman, LLP. Plaintiff has

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also filed a noticed motion to permit Westrup Klick, LLP to withdraw as co-co counsel for the

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class and to appoint Marlin & Saltzman, LLP as co-class counsel. Plaintiff noticed this motion

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for a hearing date that had already been closed, December 6. 2013.1 Plaintiff filed an

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administrative motion to have the motion to withdraw for the class heard on shortened time.

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The Court HEREBY DENIES the administrative motion to withdraw and substitute in

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new counsel. Because Plaintiff is the sole class representative, it is not clear that he can have

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counsel that is different from class counsel. The Court will adjudicate the requested withdrawal

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and appointment of new counsel for Plaintiff pursuant to the noticed motion to change counsel

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for the class.
The Court HEREBY GRANTS Plaintiff’s motion to have the noticed motion heard on

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shortened time. Defendant Con-Way Freight, Inc. (“Con-Way”) shall file its opposition or

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If the Court appoints Marlin & Saltzman, LLP as co-counsel for the class, Marlin &
Saltzman, LLP shall review and become familiar with the Court’s standing orders, the
Court’s calendar, and the Local Rules for the Northern District of California.
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statement of non-opposition by no later than 3:00 p.m. on November 8, 2013. Plaintiff shall file

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his reply, if any, by no later than 1:00 p.m. on November 12, 2013. The Court will set a hearing

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date if necessary.

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IT IS SO ORDERED.

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Dated: November 5, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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