Newton v. American Debt Services, Inc et al

Filing 113

ORDER by Judge Edward M. Chen Granting 102 William R. Mitchell's Motion to Withdraw as Counsel for Defendant Quality Support Services, LLC. Attorney William Robert Mitchell terminated. (emcsec, COURT STAFF) (Filed on 10/2/2012)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

HEATHER NEWTON,

9

Plaintiff,

11
For the Northern District of California

United States District Court

10

v.
AMERICAN DEBT SERVICES, INC., et al.,

12

No. C-11-3228 EMC
ORDER GRANTING WILLIAM R.
MITCHELL’S MOTION TO
WITHDRAW AS COUNSEL FOR
DEFENDANT QUALITY SUPPORT
SERVICES, LLC

Defendants.
(Docket No. 102)

13

___________________________________/

14
15
16
17
18

This order memorializes the rulings made by the Court during the hearing on September 28,
2012.
1.

Counsel’s motion to withdraw as counsel for Quality Support Services, LLC (“QSS”)

19

is GRANTED. QSS has until November 12, 2012, to obtain new counsel and have that counsel

20

make an appearance in this case. See Civ. L.R. 3-9(b) (providing that “[a] corporation,

21

unincorporated association, partnership or other such entity may appear only through a member of

22

the bar of this Court”). QSS is forewarned that, should it fail to obtain counsel, then Plaintiff may

23

seek a default judgment against it. Counsel shall ensure that a copy of this order is immediately

24

served on the appropriate QSS representative. A proof of service shall be promptly filed.

25

2.

The Court shall not, as a matter, bifurcate discovery. However, it expects that

26

discovery related solely to merits issues (as opposed to class certification issues) shall be deferred

27

until after class certification proceedings have concluded.

28

1
2
3

3.

Plaintiff shall file her motion for class certification by April 18, 2013. Briefing on

the motion shall be in compliance with the Civil Local Rules.
This order disposes of Docket No. 102.

4
5

IT IS SO ORDERED.

6
7

Dated: October 2, 2012

8

_________________________
EDWARD M. CHEN
United States District Judge

9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2