Kuman Banque, LLC v. Baylor et al

Filing 144

ORDER by Judge Claudia Wilken GRANTING ATTORNEY STEPHEN J. HASSINGS 136 MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF KUMAN BANQUE, LLC. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 5/17/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 KUMAN BANQUE, LLC, 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 No. C 11-4472 CW Plaintiff, ORDER GRANTING ATTORNEY STEPHEN J. HASSING’S MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF KUMAN BANQUE, LLC 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, 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. Mr. 17 Hassing served the motion on Plaintiff by mail. Docket No. 136-2. 18 On April 8, 2013, the Court issued an order stating that the 19 motion to withdraw appeared to be well-taken. Docket No. 137. 20 The Court provided Plaintiff with notice that, if it failed to 21 file a written opposition to the motion by the response deadline 22 or to appear that the hearing to oppose it, the motion would be 23 granted. 24 Plaintiff did not file a written opposition and did not 25 appear at the May 16, 2013 hearing. Accordingly, the Court GRANTS 26 Mr. Hassing’s unopposed motion to withdraw as counsel for 27 Plaintiff (Docket No. 136). 28 Pursuant to Civil Local Rule 11-5(b), 1 withdrawal is subject to the condition that papers may continue to 2 be served on him for forwarding purposes to Plaintiff, unless and 3 until Plaintiff appears through other counsel. 4 As the Court noted in the April 8, 2013 order, because it is an LLC, Plaintiff cannot represent itself in this matter. 6 if it wishes to prosecute this case, it must locate new counsel to 7 represent it and have counsel make an appearance in his case 8 within fourteen days of the date of this order. 9 warned again that, if it does not find counsel to represent it and 10 United States District Court For the Northern District of California 5 to make an appearance in this case within the time permitted, the 11 Court will dismiss its case for failure to prosecute. Thus, Plaintiff is 12 The Clerk is directed to serve a copy of this order upon 13 Plaintiff at the addresses listed on pages five to six of Mr. 14 Hassing’s motion to withdraw. 15 a copy of this Order upon Larry Kudla and Meilin Liu at the email 16 addresses listed on those pages of that motion. 17 The Clerk is also directed to serve IT IS SO ORDERED. 18 19 20 Dated: 5/17/2013 CLAUDIA WILKEN United States District Judge 21 22 23 24 25 26 27 28 2

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