Swapna v. Deshraj

Filing 56

ORDER by Magistrate Judge Jacqueline Scott Corley granting 55 Motion to Withdraw as Attorney. (ahm, COURT STAFF) (Filed on 8/29/2017) (Additional attachment(s) added on 8/29/2017: # 1 Certificate of Service) (ahm, COURT STAFF).

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 ARUNASREE SWAPNA, Plaintiff, 10 United States District Court Northern District of California 11 12 13 Case No.16-cv-05482-JSC ORDER RE: DEFENDANT’S COUNSEL’S MOTION TO WITHDRAW v. UDAY KRISHNA DESHRAJ, Re: Dkt. No. 55 Defendant. 14 15 Now pending before the Court is Defendant’s counsel’s motion to withdraw as counsel and 16 substitution of Defendnat Uday Krishna Deshraj in pro per persona. (Dkt. No. 55.) Defendant 17 consents to the motion, and in fact, has submitted a declaration indicating that he desires to 18 proceed pro se in this action. (Dkt. No. 55-2 at ¶ 2.) Under the Court’s Civil Local Rules, “[c]ounsel 19 may not withdraw from an action until relieved by order of the Court after written notice has been 20 given reasonably in advance to the client and to all other parties who have appeared in the case.” Civ. 21 L.R. 11-5(a); Dist. Council No. 16 No. Cal. Health & Welfare Trust Fund v. Lambard Enters., Inc., 22 No. C 09-05189 SBA, 2010 WL 3339446, at *1 (N.D. Cal. Aug. 24, 2010) (citations omitted). The 23 Local Rule further provides that “[w]hen withdrawal by an attorney from an action is not accompanied 24 by simultaneous appearance of substitute counsel or agreement of the party to proceed pro se, leave to 25 withdraw may be subject to the condition that papers may continue to be served on counsel for 26 forwarding purposes, unless and until the client appears by other counsel or pro se.” Civ. L.R. 11-5(b). 27 Given Defendant’s express desire to represent himself in these proceedings and have his counsel 28 withdraw, the Court concludes that there is good cause to grant Defendant’s counsel’s motion to 1 2 withdraw. Accordingly, Defendant’s counsel’s motion to withdraw is GRANTED. The Clerk shall 3 amend the docket to reflect that Defendant is proceeding pro se and update the docket to reflect the 4 following address for Defendant: Uday Krishna Deshraj, 432 NE 57th Avenue, Hillsboro, Oregon 5 97124, tel. 503.548.8329, email: ukdeshraj@gmail.com. 6 7 8 IT IS SO ORDERED. Dated: August 29, 2017 9 10 JACQUELINE SCOTT CORLEY United States Magistrate Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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