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