Pinoli v. OneWest Bank F.S.B. et al

Filing 44

ORDER by Judge Charles R. Breyer granting 41 Motion to Withdraw as Attorney. Attorney Richard Philip Sax terminated. (crblc1, COURT STAFF) (Filed on 9/27/2011)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 13 14 15 No. C 11-01645 CRB WAYNE PINOLI, ORDER CONTINUING HEARING AND ALLOWING WITHDRAWAL OF COUNSEL Plaintiff, v. ONEWEST BANK F.S.B. ET AL, Defendants. / 16 17 Counsel for Plaintiff Wayne Pinoli seeks permission to withdraw as counsel because, 18 he asserts, Plaintiff “is not cooperating or communicating” with him. See dkt. 42 at 1. 19 Counsel also asks the Court to continue the motion hearing (now set for September 30, 2011) 20 for 120 days so that Plaintiff can obtain new counsel. See generally dkt. 41. The Court notes 21 that the motion hearing was already continued, from September 2, 2011, in light of Plaintiff’s 22 representation that the parties had agreed to dismiss the case. See dkts. 35, 38. Accordingly, 23 although the Court finds good cause for allowing counsel to withdraw, and GRANTS that 24 request, it only CONTINUES the motion hearing until December 2, 2011 to allow Plaintiff to 25 obtain new counsel or to coordinate with Defendants about dismissing the case. 26 IT IS SO ORDERED. 27 Dated: September 27, 2011 28 G:\CRBALL\2011\1645\order re withdraw - continue.wpd CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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