Clem v. Barneys New York, Inc.

Filing 39

ORDER by Judge Claudia Wilken GRANTING PLAINTIFFS 38 COUNSELS REQUEST TO WITHDRAW. (ndr, COURT STAFF) (Filed on 7/31/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 OKSANA CLEM, 5 No. C 11-3952 CW Plaintiff, 6 ORDER GRANTING PLAINTIFF’S COUNSEL’S REQUEST TO WITHDRAW, Docket No. 38. v. 7 BARNEYS NEW YORK, INC., 8 Defendant. ________________________________/ 9 10 United States District Court For the Northern District of California On June 14, 2012, Plaintiff's counsel, Alden Knishbacher, 11 filed a notice of substitution, seeking to withdraw as counsel in 12 this action and have Plaintiff represent herself. In response, 13 the Court issued an order stating that it would not allow the 14 substitution of Plaintiff in pro per until after she and her 15 counsel have attempted in good faith to mediate the case. 16 The parties have since engaged in mediation, as indicated by 17 the mediator’s certification filed on July 24, 2012. Plaintiff’s 18 counsel then filed a second notice of substitution of counsel. 19 Docket No. 38. Counsel’s request to withdraw is granted. If 20 Plaintiff wishes to pursue this litigation, she will have to 21 retain new counsel or represent herself in pro per. 22 The parties are scheduled to appear for a case management 23 conference on August 29, 2012 at 2:00 pm. The parties shall 24 submit separate case management statements on or before August 22, 25 2012. The requirements for the case management statements are 26 described in the Standing Order for All Judges of the Northern 27 District of California. 28 In the event that Plaintiff fails to file 1 a statement or does not appear at the conference in person or 2 through counsel, her claims will be dismissed for failure to 3 prosecute. 4 IT IS SO ORDERED. 5 6 7 Dated: 7/31/2012 CLAUDIA WILKEN United States District Judge 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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