Dunn v. Marin County et al

Filing 37

ORDER by Judge Maria-Elena James denying 26 Motion to Substitute Attorney. (mejlc1, COURT STAFF) (Filed on 11/16/2010)

Dunn v. Marin County et al

Doc. 37

1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12
For the Northern District of California

UNITED STATES DISTRICT COURT Northern District of California
THOMAS DUNN, v. Plaintiff,

No. C 10-0969 MEJ ORDER DENYING MOTION TO WITHDRAW AS COUNSEL

MARIN COUNTY, et al., Defendants. _____________________________________/

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Pending before the Court is the motion of Richard Sax, Plaintiff's counsel of record, to withdraw from the case. (Dkt. #26.) In his motion, Mr. Sax states that he and Plaintiff "have fundamental and irreconcilable conflict regarding the prosecution of this litigation." However, given that discovery is scheduled to close on December 7, 2010, the Court finds it would prejudice Defendants to permit counsel to withdraw at this point in the case. Accordingly, the Court DENIES counsel's motion. Mr. Sax may file a renewed motion after the close of discovery and resolution of any discovery disputes, if necessary at that time. If Plaintiff intends to seek new counsel in place of Mr. Sax, the parties may jointly request a continuance of any pretrial and trial deadlines after discovery to permit Plaintiff the necessary time to seek new counsel. IT IS SO ORDERED.

Dated: November 16, 2010

_______________________________ Maria-Elena James Chief United States Magistrate Judge

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