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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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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