Ally Bank et al v. Wells Fargo Bank, N.A.

Filing 733

ORDER SETTING STATUS HEARING RE: WITHDRAWAL OF COUNSEL OR SUBSTITUTION FOR DEFENDANT JAMES C. CASTLE. Status Conference regarding withdrawal or substitution of counsel for Defendant James C. Castle is set for Friday 12/19/2014 09:01 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Status Report filed by 12/12/14. Signed by Judge Yvonne Gonzalez Rogers on 11/12/14. (fs, COURT STAFF) (Filed on 11/12/2014)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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ALLY BANK, FIDELITY NATIONAL TITLE
INSURANCE COMPANY, ET AL.,
Plaintiffs,

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Northern District of California

United States District Court

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vs.

Case No.: 11-CV-896 YGR
ORDER SETTING STATUS HEARING RE:
WITHDRAWAL OF COUNSEL OR
SUBSTITUTION FOR DEFENDANT JAMES C.
CASTLE

JAMES C. CASTLE AKA J. CHRISTOPHER
CASTLE, ET AL.,

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Defendants.

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On March 17, 2014, Ann McFarland Draper, counsel for Defendant and Cross-Defendant
James C. Castle (aka J. Christopher Castle) and Counter-claimant James C. Castle aka J. Christopher
Castle, individually and as trustee of the J. Christopher Castle Irrevocable Trust, filed a motion
seeking, among other things, to withdraw as counsel of record for those parties. (Dkt. No. 622.) The
Court denied that motion without prejudice for failure to file proof of service upon Castle or of other
evidence of that Castle had notice of the motion to withdraw. (Dkt. No. 672, dated April 20, 2014.)1
Draper has indicated in case management statements that she will file a substitution or renewed
motion to withdraw (Dkt. No. 680, filed June 3, 2014; Dkt. No. 699, filed August 5, 2014). She has
not done so to date.
Since the time of the motion to withdraw, Castle has filed a number of documents with the
Court, apparently without the assistance of counsel. (See Dkt. No 709-4, “Affidavit of Status of

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The Court further ordered: “Should Draper continue to seek leave to withdraw,
she is directed to serve a notice of motion, declaration, and proposed form of order on
Castle, and all remaining parties in the litigation, which contains all the information
provided in California Judicial Council Forms MC-051, MC-052, and MC-053. (See
http://www.courts.ca.gov/forms.htm.)” (Dkt. No. 672.) This information includes
Castle’s current mailing address for receipt of notices from the Court and other parties.

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James Christopher Castle: American Freeman;” Dkt. No. 723, “Notice of Indenture” and “Amicus

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Curiae Affidavit for the Record” of James Christopher Castle.)

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Draper and Castle have a responsibility to the Court to clarify the status of Castle’s

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representation and correct contact information for the orderly resolution of the litigation. Therefore,

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the Court SETS a Status Hearing for December 19, 2014, at 9:01 a.m. regarding withdrawal or

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substitution of counsel for Defendant James C. Castle, both individually and as trustee for the J.

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Christopher Castle Irrevocable Trust.

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Counsel Ann McFarland Draper is ORDERED to file a status report regarding withdrawal or
substitution no later than December 12, 2014. However, if Draper has filed a motion to withdraw
prior to that time, no status report need be filed. If Draper’s compliance is timely, the Court may

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United States District Court
Northern District of California

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vacate the December 19 status hearing without the need to appear.

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IT IS SO ORDERED.
November 12, 2014
Dated: ___________________

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_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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