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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1 2 UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 TOMAS LOPEZ MENEWEATHER, Case No: C 07-4204 SBA 6 Plaintiff, 7 vs. 8 B. POWELL, et al., 9 ORDER DENYING EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME, AND DIRECTING SUBMISSION OF DECLARATION FOR IN CAMERA REVIEW Defendants. Dkt. 116, 117 10 11 12 This is a prisoner civil rights action under 42 U.S.C. § 1983 in which the Court 13 previously appointed the law firm of Sheppard, Mullin, Richter & Hampton (“SMRH”) to 14 represent Plaintiff in this action. SMRH has now filed a motion to withdraw as counsel of 15 record. Dkt. 116. More specifically, SMHR states that in the course of investigating 16 Plaintiff’s claims, it has uncovered a “serious” issue which precludes it from continuing to 17 represent Plaintiff in a manner consistent with the California Rules of Professional 18 Conduct. Dkt. 116. SMRH has accompanied its motion with an ex parte application to 19 hear the motion on shortened time. Dkt. 117. 20 SMRH has indicated that it will provide more information regarding the basis of its 21 request to withdraw at an in camera hearing. To expedite resolution of the motion, 22 however, the Court instead directs SMRH to submit an under seal declaration which 23 specifies the factual basis of the firm’s request to withdraw. The Court will review the 24 declaration in camera. Accordingly, 25 IT IS HEREBY ORDERED THAT: 26 1. By no later than May 22, 2012, SMRH shall file a declaration under seal for 27 in camera review by the Court. The declaration shall provide the factual basis of SMRH’s 28 motion to withdraw as counsel of record. 1 2. SMRH’s ex parte application for an order shortening time is DENIED 2 without prejudice. In accordance with Civil Local Rule 7-1(b), the Court will resolve the 3 motion without a hearing following its review of SMRH’s in camera submission. If a 4 hearing is required, the Court will schedule a hearing date forthwith. 5 3. 6 IT IS SO ORDERED. 7 This Order terminates Docket 117. Dated: May 14, 2012 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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