Preston v. City Of Oakland et al

Filing 21

ORDER GRANTING STIPULATION FOR SUBSTITUTION OF COUNSEL 17 . Attorneys Maria Bee,Otis McGee, Jr. and James F. Hodgkins added for defendants Deanna Santana and City of Oakland. Signed by Judge Nathanael Cousins on 8/8/2014. (lmh, COURT STAFF) (Filed on 8/8/2014)

1
2
3
4
5
6
7
8

Celia M. Ruiz (SBN 87671)
Janice L. Sperow (SBN 129617)
Forrest E. Fang (SBN 122805)
RUIZ & SPEROW, LLP
2200 Powell Street, Suite 350
Emeryville, CA 94608
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants CITY OF OAKLAND and
DEANNA SANTANA

9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
11
SAN FRANCISCO DIVISION
12
13
14

DARYELLE LAWANNA PRESTON,

15

Plaintiff,

16

v.

17
18
19
20
21
22

CITY OF OAKLAND; DEANNA SANTANA,
in her individual capacity; and DOES 1 through
10, inclusive,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 3:14-cv-2022 NC
Date:
Dept:
Time:
Trial:

N/A
Courtroom A, 15th Floor (SF)
N/A
Not Set

NOTICE OF WITHDRAWAL AND
SUBSTITUTION OF COUNSEL AND
[PROPOSED] ORDER
[Local Rule 11-5]

23
24
25
26
27
28

____________________________________________________________________________________
NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL AND [PROPOSED] ORDER

1

TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD AND TO THE CLERK OF

2

THE COURT:

3

PLEASE TAKE NOTICE that pursuant to Civil Local Rule 11-5 and with the consent of their

4

clients the City of Oakland and Deanna Santana, Celia M. Ruiz, Janice L. Sperow and Forrest E. Fang

5

from the law firm of Ruiz & Sperow, LLP, 2200 Powell Street, Ste. 350, Emeryville, CA 94608 are

6

withdrawing as counsel of record for Defendants City of Oakland and Deanna Santana in this matter.

7

Celia M. Ruiz, Janice L. Sperow and Forrest E. Fang will be replaced as counsel of record for the

8

City of Oakland and Ms. Santana by James Hodgkins (SBN 142561), Maria Bee (SBN 167716) and

9

Otis McGee, Jr. (SBN 71885) of the Office of the City Attorney for the City of Oakland.

10

The City of Oakland and Deanna Santana consent to this withdrawal of their counsel and to the

11

substitution of the Office of the City Attorney for the City of Oakland as their counsel of record in this

12

matter as set forth above.

13
14
15
16
17
18
19
20
21
22
23
24

It is hereby requested that, effective immediately, all further pleadings, notices, and
correspondence be directed to Mr. Hodgkins’ attention at the address below.
James Hodgkins
Maria Bee
Otis McGee, Jr.
City of Oakland
Office of the City Attorney
1 Frank H. Ogawa Plaza 6th Floor
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Substitution Based on Consent
Defendants the City of Oakland and Deanna Santana respectfully submit that the proposed

25

substitution of counsel is in the interest of justice and is not made for purposes of delay or any other

26

improper purpose. The undersigned consent to the above substitution of counsel.

27
28
1
____________________________________________________________________________________
NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL AND [PROPOSED] ORDER

1

Dated: August 1, 2014

By:

/s/Deanna Santana
Deanna Santana

Dated: August 1, 2014

CITY OF OAKLAND

2
3
4

By:

5

/s/James Hodgkins
James Hodgkins

6
7

Dated: August 1, 2014

OFFICE OF THE CITY ATTORNEY, CITY OF OAKLAND
By:

8
9

/s/James Hodgkins
James Hodgkins
Attorneys for Defendants
City of Oakland and Deanna Santana

10
11
12
13

I hereby attest that I have on file all holographic signatures corresponding to any signatures
indicated by a conformed signature (/S/) within this e-filed document.

14
15

Dated: August 5, 2014

16

RUIZ & SPEROW, LLP
By:

17

/s/Forrest E. Fang
Forrest E. Fang
Former Attorneys for Defendants
City of Oakland and Deanna Santana

18
19
20
21
22

28

RT

.
thanael M
Judge Na

Cousins

R NIA

NO

27

______________________________
Hon. Nathanael Cousins
TED
GRAN
Magistrate Judge U.S. District Court - Northern District

H

2
____________________________________________________________________________________
E

LI

26

Dated: ____________, 2014
August 8

R

A

25

FO

24

S DISTRICT
TE
C
TA

RT
U
O

S

IT IS SO ORDERED.

UNIT
ED

23

C

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL AND [PROPOSED] ORDER
N
F

D IS T IC T O
R

PROOF OF SERVICE

1
2
3

I am a resident of the State of California, over the age of eighteen years, and not a party to the
within action. My business address is 2200 Powell Street, Suite 350, Emeryville, California 94608. On
August, 5 2014, I caused the following document(s) to be served by the method indicated below:

4



5
6
7
8
9
10
11
12
13
14
15
16
17

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL AND
[PROPOSED] ORDER

xx☐ by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid,
in the United States mail at Emeryville, California addressed as set forth below. I am readily familiar
with the firm’s practice of collection and processing of correspondence for mailing. Under that practice,
it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid
in the ordinary course of business. I am aware that on motion of the party served, service is presumed
invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit
for mailing in this Declaration.
☐
by placing the document(s) listed above in a sealed envelope(s) and by causing personal delivery
of the envelope(s) to the person(s) at the address(es) set forth below.
☐
by personally delivering the document(s) listed above to the person(s) at the address(es) set forth
below.
☐
by placing the document(s) listed above in a sealed envelope(s) and consigning it to an express
mail service for guaranteed delivery on the next business day following the date of consignment to the
address(es) set forth below.
☐

by transmitting via email to the person(s) at the email address(es) listed below.

18
19
20

Sonya Z. Mehta
Siegel & Yee
499 14th St., Suite 300
Oakland, CA 94612

21
22

I declare under penalty of perjury under the laws of the State of California that the above is true
and correct. Executed on August 5, 2014, at Emeryville, California.

23
24

__/s/Allison Gossard___________________
Allison Gossard

25
26
27
28
____________________________________________________________________________________
PROOF OF SERVICE