Sutton v. City and County of San Francisco et al

Filing 52

ORDER by Judge ARMSTRONG denying 22 Motion to Withdraw as Attorney and Sealing Record of Hearing (lrc, COURT STAFF) (Filed on 10/24/2011)

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1 2 3 DAVID M. HELBRAUN (SBN 129840) HELBRAUN LAW FIRM 351 California Street, Suite 900 San Francisco, California 94104 Telephone: (415) 982-4000 Facsimile: (415) 352-0988 4 5 Attorneys for Plaintiff SPENCER SUTTON 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 SPENCER SUTTON, ) ) Plaintiff, ) v. ) ) CITY AND COUNTY OF SAN ) FRANCISCO, POLICE OFFICER ) CHRISTOPHER M. MORRIS, in his ) individual and official capacities, POLICE ) OFFICER CRAIG L. LEONG, in his ) individual and official capacities, POLICE ) OFFICER STEVEN D. FERRAZ, in his ) individual and official capacities, and ) DOES 1-25, Jointly and Severally, ) ) Defendants. ) ) No. CV 10-4563 SBA ORDER DENYING PLAINTIFF’S COUNSEL’S MOTION TO WITHDRAW WITHOUT PREJUDICE AND SEALING RECORD OF HEARING A hearing on the Motion to Withdraw as Plaintiff’s Counsel filed by David M. Helbraun 19 on July 27, 2011, came on regularly for hearing at 1:00 p.m. on October 18, 2011 in Courtroom 1, th 20 4 Floor, of the above-entitled Court, the Honorable U.S. District Court Judge Saundra Brown 21 Armstrong presiding. A Statement of Non-Opposition was filed on behalf of defendants. 22 Plaintiff Spencer Sutton submitted a later dated October 10, 2011 in opposition to the motion. 23 David M. Helbraun, Esq. appeared on behalf of himself, the moving party. Michael 24 Gerchow, Esq. of the San Francisco City Attorney’s Office appeared briefly at the 25 commencement of the hearing on behalf of the defendants, and then exited the hearing at the 26 Court’s request, to permit plaintiff and his counsel to discuss with the Court attorney-client 27 privileged matters pertinent to the motion. Mr. Sutton appeared by telephone. Mr. Sutton 28 consented to discuss attorney-client privileged communications for the limited purpose of [PROPOSED] ORDER DENYING MOTION TO WITHDRAW WITHOUT PREJUDICE Case No. 10-4563-SBA 1 1 addressing issues raised by this Motion, and the Court indicated that the transcript of the hearing 2 would be sealed based upon attorney-client confidentiality. 3 THE COURT, having read the parties’ written statements, and having heard moving 4 party’s argument and the response of Plaintiff Spencer Sutton, and having considered and 5 weighed the facts and issues presented, 6 IT IS HEREBY ORDERED that the Motion to Withdraw is denied without prejudice to 7 renewal if plaintiff fails to cooperate and communicate with his attorney for reasons within his 8 control; and 9 IT IS HEREBY FURTHER ORDERED that the transcript of the record of the hearing on 10 this motion is sealed and may not be obtained by anyone other than plaintiff and his counsel. 11 IT IS SO ORDERED. 12 Dated: October 21, 20111 13 ____________________________________________ HONORABLE SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER DENYING MOTION TO WITHDRAW WITHOUT PREJUDICE Case No. 10-4563-SBA 2

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