Netlist, Inc v. Smart Modular Technologies, Inc

Filing 361

ORDER REQUIRING COUNSEL OF RECORD TO SUBMIT FURTHER INFORMATION RE: WITHDRAWAL OF COUNSEL FOR DEFENDANT DIABLO TECHNOLOGIES INC. re 357 MOTION to Withdraw as Attorney filed by Diablo Technologies Inc. Supplemental declaration filed by 9/7/2018. Proof of service of a notice to Client filed by 9/7/2018. Signed by Judge Yvonne Gonzalez Rogers on 8/28/2018. (fs, COURT STAFF) (Filed on 8/28/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NETLIST, INC.,

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Plaintiff,
vs.

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Northern District of California

United States District Court

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Case No.:13-cv-5889-YGR
ORDER REQUIRING COUNSEL OF RECORD
TO SUBMIT FURTHER INFORMATION RE:
WITHDRAWAL OF COUNSEL FOR
DEFENDANT DIABLO TECHNOLOGIES, INC.

SMART STORAGE SYSTEMS, INC., SANDISK
CORPORATION, AND DIABLO TECHNOLOGIES,
INC.,
Defendants.

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The Court has received the motion of McDermott Will & Emery LLP (“Counsel”) to
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withdraw from representation of defendant Diablo Technologies Inc. (“the Client”) in the abovecaptioned action, along with the accompanying declaration. (Dkt. No. 357.) The hearing on such
motion is currently set for September 25, 2018. The Court ORDERS Counsel to submit further
information in support of the motion in advance of the hearing, as follows:
By no later than September 7, 2018, Counsel shall file a supplemental declaration

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indicating that Counsel has: (1) spoken directly with a representative of the Client, telephonically or

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in person, about the case generally and the status of the proceedings, including the date of such

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communication or, if Client is not responsive, how Counsel has transmitted such information to the

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Client; (2) informed the Client of the consequences of Counsel’s withdrawal in this matter,

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including that a corporation is not permitted to appear in the litigation without counsel and that

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withdrawal may result in the Court striking the Client’s answer; and (3) served a copy of the notice

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of motion and motion to withdraw on the Client. The declaration shall include the Client’s last

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known address and phone number to which the Court and other parties to the litigation may send

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notices. Further, Counsel is directed to provide the Court with any information it may have as to

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the Client’s intention to substitute in new counsel in this litigation.

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By no later than September 7, 2018, Counsel shall also file proof of service of a notice to
the Client as follows:

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NOTICE TO CLIENT CORPORATION

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WHICH WILL BE UNREPRESENTED

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Northern District of California

United States District Court

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As a corporation, you will not be able to represent yourself in Court. You
should immediately seek advice regarding legal representation. Failure to
retain an attorney may lead to an order striking the pleadings that have been
filed on your behalf or to the entry of a default judgment against you.
If you do not keep the Court and other parties informed of your current address
and telephone number, they will not be able to send you notices of actions that
may affect you, including actions that may adversely affect your interests or
result in your losing your case.
Should Counsel fail to comply with the above requirements, the Court may deny the motion to
withdraw.

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IT IS SO ORDERED.
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Dated: August 28, 2018
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______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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