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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ARUNASREE SWAPNA,
Plaintiff,

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United States District Court
Northern District of California

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Case No.16-cv-05482-JSC
ORDER RE: DEFENDANT’S
COUNSEL’S MOTION TO WITHDRAW

v.
UDAY KRISHNA DESHRAJ,

Re: Dkt. No. 55

Defendant.

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Now pending before the Court is Defendant’s counsel’s motion to withdraw as counsel and

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substitution of Defendnat Uday Krishna Deshraj in pro per persona. (Dkt. No. 55.) Defendant

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consents to the motion, and in fact, has submitted a declaration indicating that he desires to

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proceed pro se in this action. (Dkt. No. 55-2 at ¶ 2.) Under the Court’s Civil Local Rules, “[c]ounsel

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may not withdraw from an action until relieved by order of the Court after written notice has been

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given reasonably in advance to the client and to all other parties who have appeared in the case.” Civ.

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L.R. 11-5(a); Dist. Council No. 16 No. Cal. Health & Welfare Trust Fund v. Lambard Enters., Inc.,

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No. C 09-05189 SBA, 2010 WL 3339446, at *1 (N.D. Cal. Aug. 24, 2010) (citations omitted). The

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Local Rule further provides that “[w]hen withdrawal by an attorney from an action is not accompanied

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by simultaneous appearance of substitute counsel or agreement of the party to proceed pro se, leave to

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withdraw may be subject to the condition that papers may continue to be served on counsel for

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forwarding purposes, unless and until the client appears by other counsel or pro se.” Civ. L.R. 11-5(b).

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Given Defendant’s express desire to represent himself in these proceedings and have his counsel

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withdraw, the Court concludes that there is good cause to grant Defendant’s counsel’s motion to

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withdraw.
Accordingly, Defendant’s counsel’s motion to withdraw is GRANTED. The Clerk shall

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amend the docket to reflect that Defendant is proceeding pro se and update the docket to reflect the

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following address for Defendant: Uday Krishna Deshraj, 432 NE 57th Avenue, Hillsboro, Oregon

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97124, tel. [phone], email: [e-mail].

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IT IS SO ORDERED.
Dated: August 29, 2017

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

United States District Court
Northern District of California

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