Shirley v. WACHOVIA MORTGAGE FSB et al

Filing 75

ORDER re 74 Notice of Substitution of Counsel filed by John Shirley. Signed by Judge Samuel Conti on 5/17/2012. (sclc1, COURT STAFF) (Filed on 5/17/2012)

Download PDF
1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 10 Northern District of California United States District Court 9 JOHN SHIRLEY, individually and as trustee of the JOHN F. SHIRLEY and JULIE E. SHIRLEY 2003 TRUST, and JULIE SHIRLEY, 11 Plaintiffs, 12 13 14 v. WACHOVIA MORTGAGE FSB, WELLS FARGO BANK N.A., and DOES 1-10, 15 Defendants. 16 17 18 WACHOVIA MORTGAGE, a division of WELLS FARGO BANK, N.A., formerly known as WACHOVIA MORTGAGE, FSB, 19 Third-Party Complainant, 20 21 22 23 24 v. LSI TITLE COMPANY; LENDER PROCESSING SERVICES, INC.; FIDELITY NATIONAL INFORMATION SERVICES, INC.; and ROES 1 through 10, inclusive, 25 Third-Party Defendants. 26 27 28 ) Case No. 10-03870-SC ) ) ORDER RE: SUBSTITUTION OF ) COUNSEL ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1 John Shirley ("Shirley") has filed a notice of substitution of 2 counsel. 3 intends to substitute himself as counsel of record in place of Ryan 4 F. Thomas ("Thomas") and Roy N. Johnston ("Johnston"). 5 would not only represent himself, but also his wife, Julie Shirley, 6 and the John F. Shirley and Julie E. Shirley 2003 Trust ("the 7 Trust"). 8 9 ECF No. 74 ("Notice"). According to the Notice, Shirley The Court has several concerns with the Notice. Shirley First, it is unclear how Shirley intends to represent his wife and the Trust United States District Court For the Northern District of California 10 without engaging in the unauthorized practice of law. 11 that Shirley was admitted to practice law in the state of 12 California but his bar status is no longer active. 13 and Johnston have not sought permission to withdraw as counsel 14 pursuant to Civil Local Rule 11-5. 15 valid, there appears to be no mechanism for Shirley to receive 16 future court filings in this action. 17 It appears Second, Thomas Third, even if the Notice was For the reasons set forth above, the Court finds that the 18 Notice is invalid. Thomas and Johnston shall continue to represent 19 Shirley until they file the appropriate motions and have been 20 relieved by the Court. 21 22 IT IS SO ORDERED. 23 24 25 Dated: May 17, 2012 UNITED STATES DISTRICT JUDGE 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?