Dao v. Liberty Life Assurance Company of Boston

Filing 79

ORDER VACATING ORDER GRANTING MOTION TO WITHDRAW; SETTING HEARING ON MOTION TO WITHDRAW AND MOTION TO STAY FOR OCTOBER 9, 2015 AT 10:00 AM; VACATING HEARING ON PLAINTIFF'S MOTION FOR RECONSIDERATION SET FOR OCTOBER 9, 2015 AT 9:00 AM (Illston, Susan) (Filed on 10/7/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HONG-NGOC T. DAO,

Case No. 14-cv-04749-SI

Plaintiff,
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v.
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United States District Court
Northern District of California

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LIBERTY LIFE ASSURANCE COMPANY
OF BOSTON,
Defendant.

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ORDER VACATING ORDER
GRANTING MOTION TO
WITHDRAW; SETTING HEARING ON
MOTION TO WITHDRAW AND
MOTION TO STAY FOR OCTOBER 9,
2015 AT 10:00 AM; VACATING
HEARING ON PLAINTIFF'S MOTION
FOR RECONSIDERATION SET FOR
OCTOBER 9, 2015 AT 9:00 AM

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On September 30, 2015, plaintiff filed a "Notice of Motion and Administrative Motion To

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Withdraw as Co-Counsel of Record for Plaintiff Pursuant to Stipulation; Plaintiff's Written

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Consent to Withdrawal; [Proposed] Order." Dkt. 75. The motion, seeking the withdrawal of the

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law firm of Peterson, Martin & Reynolds as co-counsel to plaintiff, stated that "[g]ranting the

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Motion for Administrative Relief permitting withdrawal from the case will not cause any delay in

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prosecuting this case as Plaintiff will be left in the capable hands of co-counsel, Kevin G. Gill of

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the law firm of K GILL LAW." Dkt. 75-1 at 1. The Court incorrectly believed the motion to be

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unopposed and granted it.

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On October 2, 2015, plaintiff filed an administrative motion to stay proceedings 120 days

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in order to allow plaintiff to find a new lawyer because Mr. Gill can no longer represent plaintiff.

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On October 5, 2015, defendant filed a Response to Plaintiff's Motion to Stay and Opposing

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Counsel's Motion to Withdraw as Counsel.

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The Court's Order Granting the Motion to Withdraw was filed in error, and the Court

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hereby VACATES that order. Dkt. 78. The law firm of Peterson, Martin & Reynolds remain as

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plaintiff's counsel until further order of the Court. The Court shall hold a hearing on October 9,

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2015 at 10:00 am on the motion to withdraw and the motion to stay. Mr. Gill, an attorney

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from Peterson, Martin & Reynolds, and defense counsel shall all appear at the hearing.

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Plaintiff's motion for reconsideration of the dismissal of the breach of contract claim is deemed

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submitted pursuant to Civil Local Rule 7-1(b), and accordingly the Court VACATES the hearing

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on that motion scheduled for 9:00 am on October 9, 2015.

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IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: October 7, 2015
______________________________________
SUSAN ILLSTON
United States District Judge

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