Kuman Banque, LLC v. Baylor et al

Filing 137

ORDER ORDER REGARDING ATTORNEY STEPHEN J. HASSINGS 136 MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF KUMAN BANQUE, LLC. Signed by Judge Claudia Wilken on 4/8/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 4/8/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 KUMAN BANQUE, LLC, 5 Plaintiff, 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 v. BRYNEE K. BAYLOR; BAYLOR & JACKSON, PLLC; THE MILAN GROUP, INC.; SUSAN KEVRA-SHINER, as Executrix for the estate of Frank Lorenzo Pavlico III; GPH HOLDINGS, LLC; PATRICK LEWIS; BRETT A. COOPER; DAWN R. JACKSON; SUSAN C. KEVRA; MIA C. BALDASSARI; ELMO BALDASSARI; THE LAW OFFICE OF SUSAN C. KEVRA; and DOES 1-50, No. C 11-4472 CW ORDER REGARDING ATTORNEY STEPHEN J. HASSING’S MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF KUMAN BANQUE, LLC Defendants. ________________________________/ On April 7, 2013, attorney Steven J. Hassing filed a motion 15 to withdraw as counsel for Plaintiff Kuman Banque, LLC and noticed 16 it for hearing on May 16, 2013 at 2:00 p.m. Docket No. 136. 17 Because Plaintiff was served with a copy of the motion by mail, 18 its response to the motion must be filed no later than April 24, 19 2013. See Civil Local Rule 7-3(a). 20 The motion to withdraw appears to be well-taken. Thus, 21 Plaintiff is notified that, if it fails to file a written 22 opposition by April 22, 2013 or to appear at the May 16, 2013 23 hearing to oppose the motion, the motion to withdraw will be 24 granted. Withdrawal may be subject to the condition that Mr. 25 Hassing continues to accept service of papers for forwarding 26 purposes until Plaintiff has obtained new counsel. 27 28 1 Further, as an LLC, Plaintiff cannot represent itself to 2 prosecute this case. 3 unincorporated association, partnership or other such entity may 4 appear only through a member of the bar of this Court.”); D-Beam 5 Ltd. P’ship v. Roller Derby Skates, Inc., 366 F.3d 972, 973-74 6 (9th Cir. 2004) (“It is a longstanding rule that corporations and 7 other unincorporated associations must appear in court through an 8 attorney.”). 9 motion to withdraw is granted, it must find substitute counsel to See Civil Local Rule 3-9(b) (“A corporation, Accordingly, Plaintiff is notified that, if the United States District Court For the Northern District of California 10 represent it. 11 permit Plaintiff fourteen days in which to locate new counsel and 12 have counsel make an appearance in this case. 13 forewarned that, if it does not find counsel to represent it and 14 to make an appearance in this case within the time permitted, the 15 Court will dismiss its case for failure to prosecute. If Mr. Hassing’s motion is granted, the Court will Plaintiff is 16 The Clerk is directed to serve a copy of this Order upon 17 Plaintiff at the addresses listed on pages five to six of Mr. 18 Hassing’s motion. 19 this Order upon Larry Kudla and Meilin Liu at the email addresses 20 listed on those pages of the motion. 21 The Clerk is also directed to serve a copy of IT IS SO ORDERED. 22 23 24 Dated: 4/8/2013 CLAUDIA WILKEN United States District Judge 25 26 27 28 2

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