Tuttle et al v. Sky Bell Asset Management LLC et al

Filing 179

ORDER DENYING MOTION FOR ORDER PERMITTING WITHDRAWAL OF COUNSEL by Hon. William Alsup denying 163 Motion to Withdraw as Attorney..(whalc2, COURT STAFF) (Filed on 8/5/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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EDGAR W. TUTTLE, ERIC BRAUN, THE
BRAUN FAMILY TRUST, and WENDY
MEG SIEGEL, on behalf of themselves and
all others similarly situated,
Plaintiffs,

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No. C 10-03588 WHA

v.
ORDER DENYING MOTION FOR
ORDER PERMITTING WITHDRAWAL
OF COUNSEL

SKY BELL ASSET MANAGEMENT, LLC,
et al.,

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Defendants.
/

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Local counsel for defendant Neal Greenberg, namely Julian M. Baum & Associates,
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Julian M. Baum, and Robert C. Weems, move for an order permitting them to withdraw as
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counsel of record for defendant Greenberg. The motion is solely made on the ground that
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defendant Greenberg has failed to pay attorney’s fees and expenses (and assertedly has no
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intention of paying them going forward). The deadline for any response has passed and none
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has been received.
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The motion is DENIED. This case is too far advanced to leave defendant Greenberg
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without local counsel at this stage. The moving attorneys should have gotten payment up front.
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Allowing withdrawal would leave defendant Greenberg as a pro se litigant if his out-of-state
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counsel were unable to find new local counsel. The Court needs the assistance of the moving
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attorneys in this circumstance. The moving attorneys shall continue as counsel with or without

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payment. The hearing set for August 25 is VACATED.

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IT IS SO ORDERED.

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Dated: August 5, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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