Choudhuri v. Wells Fargo Bank N.A. et al

Filing 34

ORDER by Judge ARMSTRONG denying 32 Motion to Withdraw as Attorney. (lrc, COURT STAFF) (Filed on 5/25/2011)

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 KABITA CHOUDHURI, Case No: C 11-00518 SBA 6 Plaintiff, 7 vs. ORDER DENYING MOTION TO WITHDRAW AS COUNSEL OF RECORD 8 WELLS FARGO BANK, N.A., CIT GROUP, Docket 32 9 INC.; FIRST AMERICAN LOAN STAR; DEUTSCHE BANK USA; TODD S. BELL 10 AND MEG DEGROOTE, 11 Defendants. 12 13 On February 23, 2011, the law firm of Severson & Werson (“Severson”) filed a 14 motion to dismiss on behalf of Defendants Wells Fargo Bank, N.A, Deutsche Bank USA, 15 Todd S. Bell and Meg DeGroote. Dkt. 4. On May 20, 2011, Severson filed motion seeking 16 to withdraw as counsel for Mr. Bell and Ms. DeGroote. Dkt. 32. Severson claims that it 17 does not represent either of these defendants and that the appearance on their behalf was 18 inadvertently made. The motion is not noticed for hearing, there is no declaration 19 accompanying the motion to support the factual assertions made therein and there is no 20 indication that Severson served Mr. Bell and Ms. DeGroote with a copy of the motion. 21 The Court’s Civil Local Rules authorize an attorney to withdraw as counsel of 22 record so long as he or she (1) provides written notice to the client and all other parties in 23 the action and (2) obtains leave of court. Civ. L.R. 11-5(a); see Darby v. City of Torrance, 24 810 F. Supp. 275, 276 (C.D. Cal. 1992). Permission to withdraw is discretionary. See 25 Washington v. Sherwin Real Estate, 694 F.2d 1081, 1087 (7th Cir. 1982). Here, there is no 26 indication in the record that Severson provided notice of the instant motion to Mr. Bell and 27 Ms. DeGroote. To the contrary, the Certificate of Service accompanying the motion 28 indicates the they were not served with the motion. Dkt. 33. In addition, Severson has 1 failed to file a declaration in support of its motion, as required by Civil Local Rule 7-5. 2 Accordingly, 3 IT IS HEREBY ORDERED THAT Severson’s motion to withdraw as counsel of 4 record for Mr. Bell and Ms. DeGroote is DENIED without prejudice. This Order 5 terminates Docket 32. 6 7 IT IS SO ORDERED. Dated: May 24, 2011 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 1 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 CHOUDHURI et al, 5 6 7 8 Plaintiff, v. WELLS FARGO BANK N.A. et al, Defendant. / 9 10 Case Number: CV11-00518 SBA 11 CERTIFICATE OF SERVICE 12 13 14 15 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on May 25, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 16 17 18 19 Kabita Choudhuri 331 Richardson Way Mill Valley, CA 94941 20 Dated: May 25, 2011 21 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 22 23 24 25 26 27 28 -3-

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