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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KUMAN BANQUE, LLC,

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Plaintiff,

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United States District Court
For the Northern District of California

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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

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to withdraw as counsel for Plaintiff Kuman Banque, LLC and noticed
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it for hearing on May 16, 2013 at 2:00 p.m.

Docket No. 136.

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Because Plaintiff was served with a copy of the motion by mail,
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its response to the motion must be filed no later than April 24,
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2013.

See Civil Local Rule 7-3(a).

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The motion to withdraw appears to be well-taken.

Thus,

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Plaintiff is notified that, if it fails to file a written
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opposition by April 22, 2013 or to appear at the May 16, 2013
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hearing to oppose the motion, the motion to withdraw will be
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granted.

Withdrawal may be subject to the condition that Mr.

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Hassing continues to accept service of papers for forwarding
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purposes until Plaintiff has obtained new counsel.
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Further, as an LLC, Plaintiff cannot represent itself to

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prosecute this case.

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unincorporated association, partnership or other such entity may

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appear only through a member of the bar of this Court.”); D-Beam

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Ltd. P’ship v. Roller Derby Skates, Inc., 366 F.3d 972, 973-74

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(9th Cir. 2004) (“It is a longstanding rule that corporations and

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other unincorporated associations must appear in court through an

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attorney.”).

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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

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represent it.

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permit Plaintiff fourteen days in which to locate new counsel and

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have counsel make an appearance in this case.

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forewarned that, if it does not find counsel to represent it and

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to make an appearance in this case within the time permitted, the

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Court will dismiss its case for failure to prosecute.

If Mr. Hassing’s motion is granted, the Court will

Plaintiff is

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The Clerk is directed to serve a copy of this Order upon

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Plaintiff at the addresses listed on pages five to six of Mr.

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Hassing’s motion.

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this Order upon Larry Kudla and Meilin Liu at the email addresses

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listed on those pages of the motion.

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The Clerk is also directed to serve a copy of

IT IS SO ORDERED.

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Dated: 4/8/2013

CLAUDIA WILKEN
United States District Judge

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