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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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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KABITA CHOUDHURI,

Case No: C 11-00518 SBA

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Plaintiff,
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vs.

ORDER DENYING MOTION TO
WITHDRAW AS COUNSEL OF
RECORD

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WELLS FARGO BANK, N.A., CIT GROUP,

Docket 32

9 INC.; FIRST AMERICAN LOAN STAR;

DEUTSCHE BANK USA; TODD S. BELL
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Defendants.

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On February 23, 2011, the law firm of Severson & Werson (“Severson”) filed a

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motion to dismiss on behalf of Defendants Wells Fargo Bank, N.A, Deutsche Bank USA,

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Todd S. Bell and Meg DeGroote. Dkt. 4. On May 20, 2011, Severson filed motion seeking

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to withdraw as counsel for Mr. Bell and Ms. DeGroote. Dkt. 32. Severson claims that it

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does not represent either of these defendants and that the appearance on their behalf was

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inadvertently made. The motion is not noticed for hearing, there is no declaration

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accompanying the motion to support the factual assertions made therein and there is no

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indication that Severson served Mr. Bell and Ms. DeGroote with a copy of the motion.

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The Court’s Civil Local Rules authorize an attorney to withdraw as counsel of

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record so long as he or she (1) provides written notice to the client and all other parties in

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the action and (2) obtains leave of court. Civ. L.R. 11-5(a); see Darby v. City of Torrance,

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810 F. Supp. 275, 276 (C.D. Cal. 1992). Permission to withdraw is discretionary. See

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Washington v. Sherwin Real Estate, 694 F.2d 1081, 1087 (7th Cir. 1982). Here, there is no

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indication in the record that Severson provided notice of the instant motion to Mr. Bell and

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Ms. DeGroote. To the contrary, the Certificate of Service accompanying the motion

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indicates the they were not served with the motion. Dkt. 33. In addition, Severson has

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failed to file a declaration in support of its motion, as required by Civil Local Rule 7-5.

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Accordingly,

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IT IS HEREBY ORDERED THAT Severson’s motion to withdraw as counsel of

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record for Mr. Bell and Ms. DeGroote is DENIED without prejudice. This Order

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terminates Docket 32.

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IT IS SO ORDERED.
Dated: May 24, 2011

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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CHOUDHURI et al,

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Plaintiff,
v.
WELLS FARGO BANK N.A. et al,
Defendant.
/

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Case Number: CV11-00518 SBA

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CERTIFICATE OF SERVICE

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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.

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Kabita Choudhuri
331 Richardson Way
Mill Valley, CA 94941

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Dated: May 25, 2011
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Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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