McDowell et al v. State of California et al

Filing 78

ORDER DENYING OPPOSITION TO NOTICE OF CHANGE OF COUNSEL. Signed by Judge Charles R. Breyer on 3/19/2012. (crblc1, COURT STAFF) (Filed on 3/19/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 11-02569 CRB

FRANK AND DEBORAH MCDOWELL,

ORDER DENYING OPPOSITION TO
NOTICE OF CHANGE OF COUNSEL

Plaintiff,
v.
THE STATE OF CALIFORNIA, ET AL.,
Defendants.

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Plaintiffs have filed an Opposition to Notice of Change In Counsel, arguing that

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Defendant NDEX WEST, LLC should not be permitted to have different counsel within the

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same firm represent it. See generally dkt. 77. Defendant NDEX WEST, LLC’s Notice of

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Change in Counsel, dtk. 76, is not a motion to which Plaintiffs may object, and so the

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Opposition is DENIED. The Court further notes that Plaintiffs argue in their Opposition,

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“WE SHOULD WIN THIS CASE AGAINST NDEX WEST ON DEFAULT.” See dkt. 77

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at 2. Federal Rule of Civil Procedure 55 sets out the procedure for pursuing default and

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default judgment; Plaintiffs have not followed that procedure.

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IT IS SO ORDERED.
Dated: March 19, 2012

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CHARLES R. BREYER

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UNITED STATES DISTRICT JUDGE

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