Kurek et al v. America's Wholesale Lender et al

Filing 39

ORDER GRANTING MOTION TO WITHDRAW NUNC PRO TUNC. Signed by Magistrate Judge Bernard Zimmerman on 12/15/2010. (bzsec, COURT STAFF) (Filed on 12/15/2010)

Kurek et al v. America's Wholesale Lender et al

Doc. 39

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BEATA KUREK and CHRISTIAN KUREK, ) ) ) Plaintiff(s), ) ) v. ) ) AMERICA'S WHOLESALE LENDER, ) et al., ) ) Defendant(s). ) ) ) No. C 10-2155 BZ ORDER GRANTING MOTION TO WITHDRAW NUNC PRO TUNC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

On October 15, 2010, Joseph W. Strella, attorney for defendant IZT Mortgage Corporation dba Ameritech, filed a motion to withdraw as counsel on behalf of himself, P. Christian Scheley, and their law firm Clapp, Moroney, Bellagamba, Vucinich, Beeman & Scheley (collectively "Strella"). Having considered the moving papers, and having received no opposition from Ameritech or the other parties, IT IS HEREBY ORDERED that Mr. Strella's motion to withdraw as counsel for Ameritech is GRANTED conditionally. Ameritech has

failed to pay for his services, has ignored counsel's repeated 1
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attempts to communicate, and has had sufficient notice that counsel intended to withdraw. Mr. Strella is granted a conditional withdrawal pursuant to Civil Local Rule 11-5(b). While Mr. Strella is relieved of

his responsibilities as counsel for Ameritech, papers for Ameritech may continue to be served on him, until Ameritech appears by other counsel. Given that Ameritech, as a corporation, cannot represent itself, (Rowland v. California Men's Colony, 506 U.S. 194, 201-202 (1993); Civil L.R. 3-9(b)), IT IS HEREBY ORDERED that Ameritech must obtain new counsel. If substitute counsel do

not file a general appearance by January 14, 2011, Ameritech's default will be entered. Mr. Strella must serve this order on

Ameritech and inform it about the repercussions for failing to obtain alternate counsel. Dated: December 15, 2010

Bernard Zimmerman United States Magistrate Judge
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