Abokasem et al v. Royal Indian Raj Int'l Corp. et al
Filing
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ORDER DENYING WITHOUT PREJUDICE MOTIONS TO WITHDRAW AS COUNSEL FOR DEFENDANTS. Denying 66 , 69 McaFadin's Motion to Withdraw as Attorney; denying 71 Belani's Motion to Withdraw as Attorney. Signed by Judge Maxine M. Chesney. (mmclc2, COURT STAFF) (Filed on 5/13/2011)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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MOHAMED ABOKASEM, et al.,
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No. C-10-01781 MMC
Plaintiffs,
ORDER DENYING WITHOUT
PREJUDICE MOTIONS TO WITHDRAW
AS COUNSEL FOR DEFENDANTS
v.
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ROYAL INDIAN RAJ INTERNATIONAL
CORP., et al.,
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Defendants
/
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Before the Court is Diane McFadin’s (“McFadin”) motion, filed April 29, 2011 and
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noticed for hearing June 17, 2011, to withdraw as counsel pro hac vice for Defendants
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Royal Indian Raj International Corp., Royal Indian Raj International Holdings Corp., Royal
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Indian Raj International Real Estate Fund Ltd., Royal Garden Villas Resort Corp., Manoj C.
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Benjamin, Anjula Benjamin, Maya Benjamin, and Janet MacFarlane’s (collectively, “RIRIC
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defendants”). By order filed May 3, 2011, the Court directed McFadin to serve the notice
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and motion on her clients and file proof of such service by May 10, 2011. McFadin has
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failed to file proof of service as directed.
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Additionally before the Court is Minal Belani’s (“Belani”) motion, filed May 11, 2011,
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to withdraw as local counsel for the RIRIC defendants. Said motion, however, is neither
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noticed for hearing nor accompanied by proof of service on the RIRIC defendants.
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Accordingly, neither motion being in conformance with the Court’s May 3, 2011 order
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or the local rules of this district, see Civil L.R. 7-2 (a) (providing “all motions must be filed,
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served and noticed in writing . . . for hearing not less than 35 days after service of the
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motion”); Civil L.R. 11-5(a) (providing “[c]ounsel may not withdraw from an action until
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relieved by order of Court after written notice has been given reasonably in advance to the
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client”), the motions are, in each instance, hereby DENIED without prejudice to refiling.
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Any such motion by counsel for defendants shall be filed and served, and proof of such
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service filed, no later than May 27, 2011, and the filing deadline for motions to withdraw
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(see Civil Minutes, Doc. No. 59) is hereby extended to that date.
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IT IS SO ORDERED.
Dated: May 13, 2011
MAXINE M. CHESNEY
United States District Judge
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