Brilliant Instruments, Inc. v. GuideTech, Inc.
Filing
218
ORDER by Judge Claudia Wilken GRANTING 208 MOTION TO WITHDRAW. (ndr, COURT STAFF) (Filed on 8/7/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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BRILLIANT INSTRUMENTS, INC.,
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Plaintiff,
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No. C 09-5517 CW
ORDER GRANTING
MOTION TO WITHDRAW
(Docket No. 208)
v.
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GUIDETECH, LLC,
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Defendant.
________________________________/
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United States District Court
For the Northern District of California
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On June 13, 2013, attorneys Thomas W. Lathram, Arthur J.
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Behiel, Mark P. Guidotti, and Silicon Edge Law Group LLP (Movants)
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moved to withdraw as counsel for Plaintiff Brilliant Instruments,
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Inc.
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a declaration consenting to Movants’ withdrawal.
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Docket No. 208.
Shalom Kattan, Plaintiff’s president, filed
Docket No. 210.
On June 21, 2013, the Court took the motion under submission
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on the papers and stated that it would be resolved after a
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settlement conference with a Magistrate Judge had taken place.
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Docket No. 213, 1.
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consented to the withdrawal and thus, the motion is likely to be
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granted.
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Plaintiff cannot represent itself to prosecute this case” and
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advised it to begin seeking replacement counsel at that time.
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The Court also warned Plaintiff that, if the case did not settle
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and the motion to withdraw were granted, it must appear at the
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upcoming case management conference--now scheduled for September
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4, 2013--with new counsel or its case would be dismissed for
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Id.
The Court also noted that Plaintiff had
The Court warned Plaintiff, “As a corporation,
Id.
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failure to prosecute and default would be entered against it on
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Defendant Guidetech LLC’s counterclaims.1
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On July 30, 2013, the Magistrate Judge held a settlement
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conference with the parties.
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reach a settlement.
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Docket No. 217.
The parties did not
Id.
Having considered the papers filed by Movants, and with the
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consent of Plaintiff after having been advised of the consequences
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of its counsel’s withdrawal, the Court GRANTS Movants’ motion to
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withdraw (Docket No. 208).
Pursuant to Civil Local Rule 11-5(b),
United States District Court
For the Northern District of California
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withdrawal is subject to the condition that papers may continue to
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be served on Movants for forwarding purposes to Plaintiff, unless
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and until Plaintiff appears through other counsel.2
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Mr. Kattan has filed a declaration attesting that
Plaintiff’s counsel also has advised him that “Brilliant, as a
corporation, must be represented by counsel in this action and
that failure to retain counsel could result in dismissal of the
action and entry of default judgment against Brilliant.” Kattan
Decl. ¶ 6, Docket No. 210.
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Mr. Kattan has acknowledged this condition of withdrawal on
behalf of Plaintiff. Kattan Decl. ¶ 5.
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As the Court noted in the June 21, 2013 order, because it is
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a corporation, Plaintiff cannot represent itself in this matter.
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Thus, if it wishes to prosecute and defend this case, it must
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locate new counsel to represent it and have counsel make an
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appearance in this case prior to or at the upcoming case
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management conference.
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not find counsel to represent it and to make an appearance in this
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case within the time permitted, the Court will dismiss its claims
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for failure to prosecute and enter default against it on
Plaintiff is warned again that, if it does
United States District Court
For the Northern District of California
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Defendant’s counterclaims.
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IT IS SO ORDERED.
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Dated: 8/7/2013
CLAUDIA WILKEN
United States District Judge
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