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

Filing 744

ORDER ADVANCING HEARING ON STATUS OF WITHDRAWAL OF COUNSEL. Signed by Judge Yvonne Gonzalez Rogers on 11/26/2014. (ygrlc1, COURT STAFF) (Filed on 11/26/2014)

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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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Case No.: 11-CV-896 YGR
ORDER ADVANCING HEARING ON STATUS OF
WITHDRAWAL OF COUNSEL

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

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The Court, in its November 12, 2014 Order Setting Status Hearing Re: Withdrawal of
Counsel or Substitution of Counsel for James C. Castle (Dkt. No. 733), set a status hearing and
directed counsel Ann McFarland Draper to file a status report regarding her withdrawal as counsel
for defendant and cross-claimant James C. Castle, a.k.a. J. Christopher Castle, individually and as
trustee of the J. Christopher Castle Irrevocable Trust.
In the interim, as part of Draper’s joint letter with plaintiffs’ counsel Stephen C. Seto (Dkt.
No. 742), Draper indicated that “ethical issues have become apparent” to her and that, after
consultation with the State Bar Ethics Hotline, she may have a “mandatory withdrawal” situation that
would preclude her from continuing to represent Castle.
In light of this and other information in the parties’ joint letter, the Court ORDERS as follows:
(1) the status hearing currently set for December 19, 2014, at 9:01 a.m. is RESET to Thursday,
December 11, 2014, at 2:00 p.m. Personal appearance by Draper and all other parties will be
required. Unrepresented parties may request to appear by phone or be excused from appearance if
they submit such request no later than December 8, 2014.

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(2) Counsel Ann McFarland Draper is ORDERED to file a status report regarding withdrawal
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or substitution no later than December 5, 2014. In that report, Draper shall address the basis for her

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assertion that she is in a “mandatory withdrawal situation” to the extent she is able, consistent with

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her ethical obligations. She shall also address whether Castle has received notice of her intention to

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withdraw and shall provide Castle’s contact information for service of notices and orders in this

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litigation.
(3) Counsel Ann McFarland Draper is further ORDERED TO SHOW CAUSE why she or Castle

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should not have further sanctions, including contempt, evidentiary, or terminating sanctions, imposed

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upon them for their continued failure to comply with this Court’s August 11 Order to serve, by

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September 12, 2014, further responses to plaintiffs’ discovery requests and a privilege log (Dkt. No.

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701).

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IT IS SO ORDERED.

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United States District Court
Northern District of California

Dated: _November 26, 2014_____
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_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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