Abokasem et al v. Royal Indian Raj Int'l Corp. et al

Filing 75

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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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 For the Northern District of California United States District Court 10 MOHAMED ABOKASEM, et al., 11 12 13 No. C-10-01781 MMC Plaintiffs, ORDER DENYING WITHOUT PREJUDICE MOTIONS TO WITHDRAW AS COUNSEL FOR DEFENDANTS v. 14 ROYAL INDIAN RAJ INTERNATIONAL CORP., et al., 15 Defendants / 16 17 Before the Court is Diane McFadin’s (“McFadin”) motion, filed April 29, 2011 and 18 noticed for hearing June 17, 2011, to withdraw as counsel pro hac vice for Defendants 19 Royal Indian Raj International Corp., Royal Indian Raj International Holdings Corp., Royal 20 Indian Raj International Real Estate Fund Ltd., Royal Garden Villas Resort Corp., Manoj C. 21 Benjamin, Anjula Benjamin, Maya Benjamin, and Janet MacFarlane’s (collectively, “RIRIC 22 defendants”). By order filed May 3, 2011, the Court directed McFadin to serve the notice 23 and motion on her clients and file proof of such service by May 10, 2011. McFadin has 24 failed to file proof of service as directed. 25 Additionally before the Court is Minal Belani’s (“Belani”) motion, filed May 11, 2011, 26 to withdraw as local counsel for the RIRIC defendants. Said motion, however, is neither 27 noticed for hearing nor accompanied by proof of service on the RIRIC defendants. 28 Accordingly, neither motion being in conformance with the Court’s May 3, 2011 order 1 or the local rules of this district, see Civil L.R. 7-2 (a) (providing “all motions must be filed, 2 served and noticed in writing . . . for hearing not less than 35 days after service of the 3 motion”); Civil L.R. 11-5(a) (providing “[c]ounsel may not withdraw from an action until 4 relieved by order of Court after written notice has been given reasonably in advance to the 5 client”), the motions are, in each instance, hereby DENIED without prejudice to refiling. 6 Any such motion by counsel for defendants shall be filed and served, and proof of such 7 service filed, no later than May 27, 2011, and the filing deadline for motions to withdraw 8 (see Civil Minutes, Doc. No. 59) is hereby extended to that date. 9 10 IT IS SO ORDERED. Dated: May 13, 2011 MAXINE M. CHESNEY United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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