Virtual Point, Inc. v. Hedera AB

Filing 41

ORDER TO SHOW CAUSE RE: DISMISSAL;, ORDER DENYING STIPULATION TO GRANT MOTION TO WITHDRAW. Order to Show Cause Hearing set for Tuesday, 2/24/2015 02:00 PM. Show Cause Response/Proof of Service filed by 1/30/2015. Signed by Judge Yvonne Gonzalez Rogers on 1/26/15. (fs, COURT STAFF) (Filed on 1/26/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VIRTUAL POINT, INC.,

Case No. 13-cv-05690-YGR

Plaintiff,
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ORDER SHOW CAUSE RE: DISMISSAL;
ORDER DENYING STIPULATION TO GRANT
MOTION TO WITHDRAW (DKT. NO. 40)

v.
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HEDERA AB,

Re: Dkt. No. 39, 40

Defendant.
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ORDER TO SHOW CAUSE

United States District Court
Northern District of California

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TO PLAINTIFF VIRTUAL POINT, INC. AND ITS COUNSEL OF RECORD, MIKE

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RODENBAUGH OF RODENBAUGH LAW:
You are ORDERED TO SHOW CAUSE on Tuesday, February 24, 2015, at 2:00 p.m. in

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Courtroom 1, United States Federal Courthouse, 1301 Clay Street, Oakland, California, why this

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action should not be dismissed without prejudice. Counsel of record has moved to withdraw,

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which would leave Plaintiff Virtual Point, Inc., a corporation, unable to proceed.
The Court ORDERS that a client representative for Plaintiff Virtual Point, Inc. personally

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appear.
Counsel Mike Rodenbaugh shall serve a copy of this Order to Show Cause on Plaintiff
Virtual Point, Inc. and shall file proof of service no later than January 30, 2015.
FURTHER ORDERS
Counsel Mike Rodenbaugh of Rodenbaugh Law (“Counsel”) has moved to withdraw as

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counsel of record for Plaintiff Virtual Point, Inc., a corporation (“Plaintiff”). (Dkt. No. 39.) Local

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Rule 11-5 of the Northern District’s Civil Local Rules requires that written notice be given

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reasonably in advance to the client and to all other parties who have appeared in the case.

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Withdrawing counsel must also indicate how the client can be notified going forward from the

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withdrawal. Local Rule 11-5 provides that when no substitute counsel has appeared or agreement

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of the client to proceed pro se (inapplicable here), withdrawal may be conditioned upon counsel

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and the client to continued service on withdrawing counsel for forwarding purposes.
Counsel’s declaration states that, two weeks before the filing of the motion to withdraw, he

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informed Plaintiff in writing that his firm “is prepared to withdraw as counsel.” (Rodenbaugh

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Dec. ¶ 1.) However, Counsel has not yet filed a proof of service indicating that he served the

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motion on Plaintiff. Further, neither the motion nor the accompanying declaration addresses the

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question of how Plaintiff can be notified once counsel withdraws.
Counsel is ORDERED to submit a declaration detailing the manner in which he has

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attempted to contact Plaintiff and any efforts he may have made to confirm that the address at
which he has attempted to contact Plaintiff is current. Counsel is referred to California Judicial

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United States District Court
Northern District of California

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Council Form MC-052 which, while not required here, sets forth pertinent information on this

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issue.

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In light of these issues, the Court CONTINUES the pending motion to dismiss, currently set

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for February 24, 2015, to April 21, 2015 at 2:00 p.m. The case management conference,

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currently set for February 23, 2015, is CONTINUED to May 11, 2015, 2:00 p.m.

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IT IS SO ORDERED.
Dated: January 26, 2015
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDGE

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