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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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
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Attorneys for Plaintiff
SPENCER SUTTON
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SPENCER SUTTON,
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Plaintiff,
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v.
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CITY AND COUNTY OF SAN
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FRANCISCO, POLICE OFFICER
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CHRISTOPHER M. MORRIS, in his
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individual and official capacities, POLICE )
OFFICER CRAIG L. LEONG, in his
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individual and official capacities, POLICE )
OFFICER STEVEN D. FERRAZ, in his )
individual and official capacities, and
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DOES 1-25, Jointly and Severally,
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Defendants.
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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,
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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.
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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
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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.
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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,
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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
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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.
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IT IS SO ORDERED.
12 Dated: October 21, 20111
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____________________________________________
HONORABLE SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE
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[PROPOSED] ORDER DENYING MOTION TO WITHDRAW WITHOUT PREJUDICE
Case No. 10-4563-SBA
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