Shahrivar v. City of San Jose et al

Filing 180

ORDER denying 163 Motion for More Definite Statement, without prejudice; granting 164 Motion to Withdraw as Attorney. Signed by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 3/23/2020)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FARID SHAHRIVAR,

Case No. 10-cv-01029-RS

Plaintiff,
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United States District Court
Northern District of California

v.
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CITY OF SAN JOSE, et al.,
Defendants.

ORDER GRANTING MOTION TO
WITHDRAW AND DENYING MOTION
FOR MORE DEFINITE STATEMENT,
WITHOUT PREJUDICE

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Rulings on the motion of plaintiff’s counsel for leave to withdraw and defendants’ motion

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for a more definite statement previously were deferred pending efforts to obtain pro bono counsel

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for plaintiff. Plaintiff’s only opposition to the motion to withdraw was a request that he be given

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an opportunity to find replacement counsel. Although the efforts of the Pro Bono Project to place

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the matter are ongoing, further delay in relieving plaintiff’s present counsel is not warranted, and

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the motion to withdraw is granted. Pursuant to Civil Local Rule 11-5(b) papers may continue to be

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served on counsel for forwarding purposes, unless and until the client appears by other counsel or

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pro se.

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Defendants’ motion for a more definite statement is denied, without prejudice. In the event

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new counsel appears for plaintiff, counsel are directed to meet and confer to address the issues

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presented in the motion. In the event plaintiff ultimately proceeds pro se, the Court and the parties

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will be guided by the opinion of the Ninth Circuit in this matter as to what claims remain in issue.

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A further order will issue in due course in the event replacement counsel for plaintiff is not

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located.

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IT IS SO ORDERED.

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Dated: March 23, 2020
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RICHARD SEEBORG
United States District Judge

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United States District Court
Northern District of California

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CASE NO.

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10-cv-01029-RS