Craters & Freighters v. Daisychain Enterprises et al

Filing 242

ORDER CLARIFYING DENIAL OF APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE by Hon. Claudia Wilken re: 241 Motion. (jebS, COURT STAFF) (Filed on 1/8/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CRATERS & FREIGHTERS, a Colorado
Corporation, and CRATERS &
FREIGHTERS FRANCHISE COMPANY,

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United States District Court
For the Northern District of California

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No. C 09-4531 CW
ORDER CLARIFYING
DENIAL OF
APPLICATION FOR
ADMISSION OF
ATTORNEY PRO HAC
VICE

Plaintiff,
v.
DAISYCHAIN ENTERPRISES, a
California Corporation, dba
FREIGHT & CRATE; CATHY BENZ, an
individual; and FRED BENZ, an
individual,

(Docket No. 241)

Defendants.
________________________________/
Plaintiff requests that the Court clarify its denial of

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Plaintiff’s application for attorney Andres Guevara to appear pro
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hac vice in this case.

Docket No. 241.

The Court based its

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denial on Civil Local Rule 11-3(a)(3), which provides that the
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applicant submit an oath certifying, in part, “[t]hat an attorney,
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identified by name and office address, who is a member of the bar
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of this Court in good standing and who maintains an office within
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the State of California, is designated as co-counsel.”

Mr.

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Guevara identified John Schmitz as local co-counsel.

However, Mr.

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Schmitz does not maintain an office within the State of
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California.

Mr. Guevara’s assertion that Mr. Schmitz “uses

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virtual office space in the State of California when needed” is
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not sufficient.

Docket No. 237.

The Court notes that Mark

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Punzalan, an attorney who maintains an office in Redwood City,
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California is listed as an attorney of record for Plaintiff on the
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Court’s docket.
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If Mr. Guevara resubmits his application,

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certifying that Mr. Punzalan continues to act as local co-counsel

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in this case, the Court will grant the application.

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The Court also notes that Mr. Schmitz, who maintains an

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office in Colorado, has not applied to appear pro hac vice.

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However, Mr. Schmitz is a member of the bar of this Court.

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Accordingly, he may appear in this Court without local co-counsel.

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See Civ. Local R. 11-1

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IT IS SO ORDERED.

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United States District Court
For the Northern District of California

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Dated: January 8, 2016
CLAUDIA WILKEN
United States District Judge

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