Brown et al v. Alexander et al

Filing 84

ORDER by Judge Samuel Conti denying 80 Motion to Withdraw as Attorney. (sclc1, COURT STAFF) (Filed on 5/12/2015)

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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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BARRY BROWN, JENNIFER BROWN,
JANE DOE 1, and JANE DOE 2,

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Plaintiffs,
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v.
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JON ALEXANDER, DEAN WILSON, ED
FLESHMAN, and COUNTY OF DEL
NORTE,

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Defendants.

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) Case No. 13-cv-01451-SC
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) ORDER DENYING MOTION TO
) WITHDRAW
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Now before the Court is Plaintiffs' counsel's motion to

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withdraw.

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Court finds it suitable for disposition without oral argument

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pursuant to Civil Local Rule 7-1(b).

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ECF No. 80 ("Mot.").

The motion is unopposed, and the

The motion is DENIED.

Civil Local Rule 11-5(a) prohibits counsel from withdrawing

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from an action until (1) the Court has issued an order permitting

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the withdrawal, and (2) written notice has been given reasonably in

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advance to the client and to all other parties.

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N. Petersen and Seth L. Goldstein currently represent all four

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plaintiffs: Jennifer Brown, Barry Brown, and Jane Does 1 and 2.

Attorneys Thomas

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Jane Does 1 and 2 are Ms. Brown's minor children.

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Mr. Goldstein seek only to withdraw as counsel for Ms. Brown and

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Jane Does 1 and 2; they will remain as counsel for Mr. Brown.

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Petersen and Mr. Goldstein have apparently reached an impasse with

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Ms. Brown regarding the prosecution of this case.

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Mr. Petersen and

Mot. at 1.

Mr. Petersen and Mr. Goldstein have given Ms. Brown oral and
written notice of their intention to withdraw.

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United States District Court

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For the Northern District of California

Mr.

Id. at 2.

have also provided case files to another attorney prepared to

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represent Ms. Brown and her children.

See id. at 2.

They

However, no

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other attorney has appeared in this case to represent Ms. Brown or

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her children, and there is no indication that they have agreed to

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proceed pro se.

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plaintiffs are minor children, the Court finds it inappropriate for

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Mr. Petersen and Mr. Goldstein to withdraw until substitute counsel

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has appeared.

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Petersen and Mr. Goldstein may file a Notice of Change in Counsel

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once substitute counsel has appeared to represent Ms. Brown and

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Jane Does 1 and 2.

Especially given the fact that two of the

The motion to withdraw is therefore DENIED.

Mr.

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IT IS SO ORDERED.

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Dated: May 12, 2015

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UNITED STATES DISTRICT JUDGE

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