Meneweather v. Powell et al

Filing 123

ORDER by Judge ARMSTRONG denying 117 Ex Parte Application (lrc, COURT STAFF) (Filed on 5/14/2012)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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TOMAS LOPEZ MENEWEATHER,

Case No: C 07-4204 SBA

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Plaintiff,
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vs.
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B. POWELL, et al.,
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ORDER DENYING EX PARTE
APPLICATION FOR AN ORDER
SHORTENING TIME, AND
DIRECTING SUBMISSION OF
DECLARATION FOR IN CAMERA
REVIEW

Defendants.
Dkt. 116, 117

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This is a prisoner civil rights action under 42 U.S.C. § 1983 in which the Court

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previously appointed the law firm of Sheppard, Mullin, Richter & Hampton (“SMRH”) to

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represent Plaintiff in this action. SMRH has now filed a motion to withdraw as counsel of

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record. Dkt. 116. More specifically, SMHR states that in the course of investigating

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Plaintiff’s claims, it has uncovered a “serious” issue which precludes it from continuing to

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represent Plaintiff in a manner consistent with the California Rules of Professional

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Conduct. Dkt. 116. SMRH has accompanied its motion with an ex parte application to

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hear the motion on shortened time. Dkt. 117.

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SMRH has indicated that it will provide more information regarding the basis of its

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request to withdraw at an in camera hearing. To expedite resolution of the motion,

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however, the Court instead directs SMRH to submit an under seal declaration which

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specifies the factual basis of the firm’s request to withdraw. The Court will review the

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declaration in camera. Accordingly,

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IT IS HEREBY ORDERED THAT:

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1.

By no later than May 22, 2012, SMRH shall file a declaration under seal for

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in camera review by the Court. The declaration shall provide the factual basis of SMRH’s

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motion to withdraw as counsel of record.

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2.

SMRH’s ex parte application for an order shortening time is DENIED

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without prejudice. In accordance with Civil Local Rule 7-1(b), the Court will resolve the

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motion without a hearing following its review of SMRH’s in camera submission. If a

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hearing is required, the Court will schedule a hearing date forthwith.

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3.

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IT IS SO ORDERED.

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This Order terminates Docket 117.

Dated: May 14, 2012

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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