Brilliant Instruments, Inc. v. GuideTech, Inc.

Filing 353

ORDER ON 347 MOTION TO WITHDRAW AS COUNSEL. Signed by Judge Claudia Wilken on 12/19/2014. (ndr, COURT STAFF) (Filed on 12/19/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRILLIANT INSTRUMENTS, INC.,

Case No. 09-cv-05517-CW

Plaintiff,
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v.

ORDER ON MOTION TO WITHDRAW
AS COUNSEL

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GUIDETECH, INC., et al.,
Defendants.

DOCKET NO. 347

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United States District Court
Northern District of California

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On October 30, 2014, attorney Eric Sofge filed a notice of appearance for Brilliant
Instruments, Inc. in this matter. On October 30, 2014, Kao & Swope, LLP filed a motion to
withdraw as counsel for Brilliant. They did not include proof of service on their client. No

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opposition was filed. The usual method of substituting counsel when prior counsel, new counsel,
and the client are all in agreement is to file a stipulation so indicating, preferably with the

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stipulation of opposing counsel as well. Counsel were asked to do so and did not. Accordingly,

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the Court conditionally grants the motion to withdraw. Kao & Swope are ordered to file a

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declaration on December 22 that they have served their motion as well as this order on their client.

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Brilliant and Eric Sofge are advised that if they object to Kao & Swope's withdrawal, they must

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file an opposition to the motion on or before January 9. If they do not, the motion will be granted.
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The Court notes that Brilliant remains the plaintiff in this case and Guidetech remains the

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defendant. Guidetech was referred to as the plaintiff during the trial for the jury's ease in

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understanding, and the Court erroneously used that caption on orders after the trial. However, the

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name of the case remains as it was filed.

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IT IS SO ORDERED.
Dated: December 19, 2014

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CLAUDIA WILKEN
United States District Judge